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■  ♦ 

Back  to  the  Republic 

A  Study  in  Forms  of  Government 

Demonstrating  the  truth  of  the  following 

proposition : 


Failures:  \ 


Autocracy — One  exti-eme. 
Democracy — The  other  extreme. 


^  (  ^       , , .        (  The  golden  "meati. 

Success:    •<  Repuhhc —  •<  ^, 

(  (  The  standard  form. 


^Vk-^HV..      \ 


f    ( 


Back  to  the  Republic 

The  Golden  Mean :  the  Standard  Form 
qf  Government 


By  HARRY  F.  ATWOOD 


Can  the  world  he  made  "safe  for  democrojcy"? 


CHICAGO. 
LAIRD  &  LEE,  Inc. 

PUBLISHERS 


Copyright,  1918 
HABRY  F.  ATWOOD 


First  Edition  Printed  March,  1918 
Second  Edition  Printed  April,  1918 
Third  Edition  Printed  January,  1919 
Fourth  Edition  Printed  April,  1919 
Fifth  Edition  Printed  September,  1919 
Sixth  Edition  Printed  October,  1919 
Seventh  Edition,  Printed  June,  1920 
Eighth  Edition  Printed  December,    1921 


^ 


N 

^ 
^ 


> 


FOREWORD  TO  THE  EIGHTH 
EDITION 

As  publishers  of  "Back  to  the  Republic,"  now 
entering  its  eighth  edition,  we  express  our  grati- 
tude for  the  many  earnest  expressions  of  approval 
and  appreciation  from  thoughtful  readers. 
These  opinions  together  with  prevailing  general 
conditions  have  strengthened  our  conviction  as 
to  the  importance  and  soundness  of  the  inter- 
pretations made  in  "Back  to  the  Republic." 

For  three  years  the  author  has  been  traveling 
about  the  country  addressing  audiences  of  every 
description  on  "The  Federal  Constitution"  and 
talking  with  thoughtful  men  and  women  in  all 
walks  of  life  on  governmental  problems.  Ob- 
servation and  discussion  have  led  to  the  conclusion 
that  Chapter  VII  on  The  Short  Ballot  should  be 
modified  in  this  edition.  Certain  changes  in  that 
chapter  have  therefore  been  made. 

Lai£D  &  Lee. 


PREFACE 

npHE  three  words  uppermost  in  the  minds 
of  the   people  throughout   all   the   world 
to-day  are  "autocracy,"  "democracy"  and  "re- 
public" 

What  do  you  mean  when  you  use  the  word 
"autocracy"? 

What  do  you  mean  when  you  use  the  word 
"democracy"? 

What  do  you  mean  when  you  use  the  word 
"republic"*? 

Write  down  your  own  definitions  of  those 
three  words,  stop  the  first  hundred  people  you 
meet  and  ask  each  of  them  the  above  three  ques- 
tions. Compile  their  replies,  and  you  will  have 
a  compilation  that  would  win  a  prize  in  a  museum 
of  curiosities. 

If  you  should  journey  to  the  national  capital 
and,  beginning  with  the  President,  ask  the  hun- 
dred men  who  are  most  prominently  identified 
with  the  national  government  those  same  three 
questions,  you  would  have  material  for  a  scrap- 
book  the  reading  of  which  would  be  confusing 
to  the  mind. 

vii 


viii  Preface 

If  you  should  visit  the  State  capitals,  and,  be- 
ginning with  the  Governor,  ask  the  hundred  men 
most  prominently  identified  with  the  State  gov- 
ernment in  each  commonwealth  these  same  three 
questions,  and  have  their  replies  compiled,  you 
would  have  a  volume  of  interesting  contradic- 
tions. 

If  you  should  go  still  farther  and  visit  the 
capitals  of  all  the  Allied  countries,  of  the  Central 
Powers  and  of  the  so-called  neutral  countries, 
and  ask  the  hundred  men  most  prominently 
identified  with  the  government  of  each  country 
those  same  three  questions,  and  have  their  replies 
compiled,  you  would  have  several  volumes  of 
exceedingly  interesting  contradictions. 

If  you  were  disposed  to  gratify  your  curiosity 
still  further  and  should  turn  to  the  various  dic- 
tionaries, encyclopedias,  magazines,  newspapers, 
and  countless  volumes  on  political  science  and 
government,  and  make  a  collection  in  book  form 
of  the  various  definitions  that  have  been  given 
and  the  uses  that  have  been  made  of  the  words 
"autocracy,"  "democracy"  and  "republic/*  you 
would  have  compiled  the  greatest  curio  of  them 
aU. 

The  purpose  of  this  book  is: 

( 1 )  To  make  clear  the  meaning  of  the  words 
"autocracy,"  "democracy"  and  "republic/' 


Preface  ix 

(2)  To  encourage  a  more  accurate  use  of 
governmental  terms,  and 

(3)  To  urge  the  importance  of  avoiding  the 
dangers  of  the  extremes  of  both  autocracy  and 
democracy,  and  the  vital  need  of  adhering 
strictly  and  literally  to  the  fundamentals  of  the 
republic,  which  is  the  golden  mean  between  autoc- 
racy and  democracy. 


CONTENTS 


CHAPTER 

PAOK 

I. 

The  Trend  of  Government          •         • 

.     13 

II. 

The    RtePUBUc   ..,.,, 

21 

III. 

The  Golden  Mean        .... 

.     33 

IV. 

The  Standard  Form   ...         , 

44 

V. 

The  Constitution         .... 

.     54 

VI. 

Dangerous  Experiments  .... 

69 

VII. 

The  Short  Ballot        .         *         ,         , 

.     89 

VIII. 

Organization 

97 

National  Government           ... 

.     99 

State  Government   ..... 

106 

County  Government    .... 

.  113 

City  Government     .         .         .          .         . 

114 

IX. 

A  World  Republic         .... 

.  118 

X. 

Conclusion         ....          .         . 

APPENDIX 

124 

XI. 

The  Constitution  of  the  United  States 

.  129 

XII. 

Political  Parties 

155 

Back  to  the  Republic 

Chapter  I 

THE  TREND  OF  GOVERNMENT 

npHE  trend  of  government  may  be  presented 
in  graphic  form  as  follows : 


From  earliest  times  to  1788  A.D. 

Experimental  failures. 
From  1788  to  1900  A.D. 

Progress. 

From  1900  to  1920  A.D. 

Retrogressive  tendencies. 


During  the  thousands  of  years  prior  to  1788 
A.D.  the  pendulum  of  government  viras  swing- 
ing back  and  forth  from  one  extreme  to  the 
other:  from  the  mob  leader  to  the  mob;  from 
the  mob  to  the  monarch;  from  the  monarch  to 
democracy;  from  democracy  to  the  demagogue; 

13 


14  Back  to  the  Republic 

from  the  demagogue  to  mobocracy;  from  mob- 
ocracy  to  autocracy;  from  feudalism  to  com- 
munism ;  from  bondage  to  license. 

Tyranny,  conquest,  militarism,  lawlessness, 
mobmindedness,  riot,  persecution,  oppression,  re- 
bellion— ^these  are  the  words  that  describe  the 
long-continued  panorama  of  unsuccessful  efforts 
and  experimental  failures  in  government  for 
approximately  seven  thousand  years. 

Now  and  then  a  ray  of  light  and  hope  appeared 
in  Greece,  Rome,  Holland,  Switzeriand,  Eng- 
land and  elsewhere,  but  during  all  that  period  of 
time  no  government  was  devised  that  could  secure 
for  its  people  any  one  of  the  great  fundamental 
privileges  for  which  government  is  primarily 
organized. 

In  all  those  thousands  of  years  there  was  no 
government  that  secured  for  its  people  religious 
freedom,  or  civil  liberty,  or  freedom  of  speech,  or 
freedom  of  the  press,  or  security  of  individual 
rights,  or  popular  education,  or  imiversal  fran- 
chise. 

It  is  a  startling  statement,  but  an  indisputable 
fact,  that  in  reviewing  the  centuries  of  history 
prior  to  the  founding  of  the  republic  of  the 
United  States  of  America  we  find  no  country  to 
which  the  historian  can  point  and  truthfully  say: 
There  was  a  government  that  worked  well. 


The  Trend  of  Government  15 

In  1787  a  group  of  real  statesmen  of  great 
physical  vigor,  mental  acmnen,  thorough  knowl- 
edgCj  practical  wisdom,  far-sighted  vision  and 
moral  courage  assembled  in  Philadelphia  and 
after  months  of  discussion  and  deliberation  pro- 
duced the  Constitution  which  provided  for  the 
republic  of  the  United  States  of  America. 

These  men  were  equal  to  the  opportunity,  rose 
to  the  occasion,  and  builded  better  than  they 
knew;  for  they  established  the  golden  mean  and 
evolved  the  standard  form  of  government. 

Following  the  adoption  of  the  Constitution 
and  the  founding  of  the  republic  of  the  United 
States  of  America  there  began  the  first  great  era 
of  progress  governmentally  that  the  world  had 
ever  known. 

We  began  to  solve  problems  and  to  secure 
privileges  that  had  baffled  philosophers  and 
statesmen  for  ages.  Within  a  century  we  had 
secured  all  of  the  seven  fundamental  privileges 
for  which  government  is  primarily  organized. 
We  developed  a  larger  galaxy  of  great  statesmen 
(because  they  were  thinking  and  working  along 
standard  lines)  than  has  been  developed  by  all 
other  governments  in  the  history  of  mankind. 
We  organized  into  a  splendid  and  loyal  citizen- 
ship people  of  many  nationalities,  coming  to  our 
shores  with  varying  ambitions  and  ideals.    We 


16  Back  to  the  Republic 

stood  the  strain  of  the  great  Civil  War  and  cames 
out  of  it  stronger  and  better. 

The  governmental  atmosphere  of  individual 
security  seemed  to  stimulate  individual  effort 
toward  discovery  and  invention,  so  that  we  made 
material  and  commercial  progress  that  has  had 
no  parallel  in  history.  We  advanced  from  the 
wooden  spade  to  the  steam  plow,  from  the  ox- 
cart to  the  freight  train,  from  the  blacksmith 
shop  to  the  great  manufacturing  plant,  from  the 
flail  to  the  steam  thresher,  from  the  cradle  to  the 
self-binder,  from  the  needle  to  the  sewing-ma- 
chine, from  the  spinning-wheel  to  the  great  tex- 
tile mills,  from  the  stage  coach  to  the  Pullman 
palace  car,  from  the  messenger  boy  on  foot  or 
horseback  to  the  telephone  and  telegraph,  from 
the  prairie  schooner  to  the  automobile.  And 
equal  progress  has  been  made  along  many  other 
lines  since  the  founding  of  this  republic. 

While  doing  all  this  we  advanced  from  the 
education  of  the  few  to  the  great  public-school 
system,  from  slavery  to  political  equahty,  from 
religious  bondage  to  religious  liberty. 

Other  nations  of  the  world  were  struck  with 
awe  and  admiration  by  the  marvelous  manner  in 
which  the  new  republic  was  solving  its  problems 
and  securing  to  its  people  political  privileges  such 
as  the  world  theretofore  had  not  known. 


The  Trend  of  Government  17 

Awe  and  admiration  on  the  part  of  the  people 
of  foreign  countries  merged  into  emulation,  and 
they  began  to  modify  their  ideals  and  ideas  of 
government,  gradually  becoming  more  tolerant 
of  religious  freedom,  more  zealous  of  civil  liberty, 
more  lenient  toward  freedom  of  speech  and  of 
the  press,  more  considerate  of  inherent  individual 
rights,  more  active  toward  popular  education, 
and  more  favorable  toward  universal  franchise. 

We  radiated  over  all  the  world  the  rays  of 
light,  of  hope,  of  progress,  of  justice,  of  common 
sense  and  of  scientific  governmental  procedure; 
and  while  making  that  matchless  record,  and 
wielding  that  splendid  world  influence,,  we  made 
for  the  United  States  of  America  the  undisputed 
leading  place  among  the  nations,  not  because  of 
our  great  army,  our  great  navy,  our  vast  possess- 
ions, or  our  many  people,  but  because  we  were 
enjoying  the  blessings  of  the  best  form  of  gov- 
ernment mankind  had  ever  known. 

Gradually,  however,  we  began  to  modify  our 
national  government  through  the  appointment  of 
boards  and  commissions,  and  the  creation  of  vari- 
ous governmental  agencies  that  made  it  impos- 
sible for  the  government  to  function  in  accord- 
ance with  the  plan  of  the  Constitution. 

The  various  States  modeled  their  constitutions 
less  and  less  after  the  plan  of  the  Federal  Consti- 


18  Back  to  the  Republic 

tution  and  included  in  them  much  that  should 
properly  have  been  statutory  material.  In  their 
constitutions  they  provided  for  the  election  of  offi- 
cials other  than  the  executive  and  members  of 
the  legislative  bodies.  More  and  more  we  drifted 
away  from  the  moorings  of  the  Constitution  to- 
ward the  whirlpools  of  a  democracy. 

Demagogues  and  propagandists,  blinded  with 
egomania,  kept  up  a  constant  campaign  of  agita- 
tion in  the  various  States  for  the  initiative,  ref er- 
endimi,  recall,  boards,  commissions,  city  mana- 
gers, socialistic  doctrines  and  anarchistic  here- 
sies, until  we  may  truthfully  say  that  for  some 
years  we  have  been  passing  through  an  age  such 
as  Alexander  Hamilton  had  in  mind  when  he 
said:  "There  are  seasons  in  every  country  when 
noise  and  impudence  pass  current  for  worth,  and 
in  populous  communities  especially  the  clamor 
of  interested  and  factious  men  is  often  mistaken 
for  patriotism." 

In  his  popular  work,  "The  American  Com- 
monwealth," written  about  thirty  years  ago,  when 
boards  and  commissions  were  not  so  prevalent 
and  we  were  still  adhering  more  strictly  to  the 
standard  form  of  government,  Mr.  Bryce  wrote 
as  the  opening  sentence  in  Chapter  I :  "  *  What  do 
you  think  of  our  institutions?'  is  the  question  ad- 
dressed to  the  European  traveler  in  the  United 


The  Trend  of  Government  19 

States  by  every  chance  acquaintance^"  That 
question  was  asked  with  an  unusual  degree  of 
pride.  Imagine,  if  you  can,  an  intelligent  Ameri- 
can of  today  making,  with  any  degree  of  pride, 
the  following  inquiries  of  European  travelers: 

What  do  you  think  of  our  Ohio  and  Oklahoma 
State  constitutions? 

What  do  you  think  of  presenting  a  ballot  to 
the  voter  containing  the  names  of  334  candidates, 
or  a  ballot  over  six  feet  long  covered  with  printed 
matter  upon  which  a  vote  is  to  be  cast  within  two 
minutes  of  time? 

What  do  you  think  of  having  128  boards  and 
commissions  in  a  single  State  in  addition  to  an 
executive,  two  legislative  bodies  and  seven  other 
elective  officials? 

What  do  you  think  of  our  more  than  doubling 
the  expenses  of  government  in  nearly  every  State 
in  the  Union  during  the  decade  from  1903  to 
1912? 

What  do  you  think  of  spending  over  $2,000,- 
000  of  the  taxpayers*  money  on  primaries  and 
elections  in  Cook  County,  Illinois,  in  the  single 
year  of  1916,  aside  from  the  personal  expenses 
of  the  horde  of  candidates? 

What  do  you  think  of  our  enacting  over  62,000 
new  statutes  in  this  country  during  the  five-year 
period  from  1909  to  1913,  inclusive,  and  of  our 


20  Back  to  the  Republic 

having  over  65,000  decisions  of  courts  of  last 
resort  during  those  same  five  years,  and  compil- 
ing 631  large  volumes  of  decisions? 

These  are  only  a  few  of  the  many  questions 
that  might  be  asked  because  we  have  been  drift- 
ing away  from  the  plan  of  a  republic. 

The  conditions  that  have  been  wrought  through 
these  departures,  this  reckless  agitation,  and  the 
enactment  of  approximately  fifteen  thousand 
new  statutes  each  year,  have  had  a  disastrous  ef- 
fect upon  this  country  and  resulted  in  greatly 
lessening  our  influence  for  good  in  other  coun- 
tries. We  have  drifted  from  the  republic  toward 
democracy;  from  statesmanship  to  demagogism; 
from  excellent  to  inferior  service.  It  is  an  age 
of  retrogressive  tendencies. 


Chapter  II 

THE  REPUBLIC 

'T^HE  present  great  war  crisis  has  aroused  the 
**■  world  to  serious  thought  about  government 
and  the  best  form  of  its  administration. 

If  the  people  of  all  nations  could  be  awakened 
to  the  tremendous  truth  that  a  republic  is  the  only 
form  of  government  that  has  solved  governmen- 
tal problems  successfully  and  given  wholesome 
and  desirable  results,  it  would  compensate  in 
part  for  the  awful  sacrifice  and  carnage  of  this 
tragic  time. 

One  of  the  serious  aspects  of  present-day  ten- 
dency is  the  reckless  and  inaccurate  use  of  gov- 
ernmental terms.  Almost  daily  Russia  is  spoken 
of  as  "the  new  republic."  That  phrase  is  as 
inaccurate  as  it  would  be  to  speak  of  a  drunken 
man  as  a  new  example  of  temperance.  To  speak 
of  Mexico  as  a  "republic"  is  as  inaccurate  as  it 
would  be  to  speak  of  fanaticism  as  a  new  form  of 
reverence.  To  call  China  a  "republic"  is  as  far- 
fetched as  it  would  be  to  speak  of  insomnia  as  a 
new  form  of  rest. 

21 


22  Back  to  the  Republic 

China,  Mexico  and  Russia  at  the  present  time 
are  all  types  of  democracy.  In  each  instance  the 
pendulum  swung  all  the  way  from  the  extreme 
of  autocracy  to  the  extreme  of  democracy.  It 
did  not  stop  at  the  golden  mean.  These  countries 
are  not  republics. 

England,  Italy,  Belgium  and  France  are  fre- 
quently spoken  of  as  "the  allied  democracies  of 
Europe;"  yet  with  one  exception  each  coimtry 
supports  a  royal  family  at  a  tremendously  large 
expense,  which  is  one  of  the  elements  of  autoc- 
racy. 

It  would  create  considerable  confusion  of 
thought  in  the  medical  world  if  we  should  speak 
of  disease  as  health;  if,  in  the  realm  of  law,  we 
should  speak  of  crime  as  a  contract;  if,  in  the 
realm  of  nature,  we  should  speak  of  a  cyclone  as 
a  sea  breeze;  if,  in  the  commercial  world,  we 
should  speak  of  a  bankrupt  as  a  business  success; 
if,  in  the  religious  world,  we  should  speak  of  a 
dime  novel  as  the  Bible;  yet  these  are  fair  illus- 
trations to  parallel  the  inaccuracy  that  prevails 
in  the  present-day  use  of  governmental  terms. 

The  terms  "republic**  and  "democracy"  are 
thoughtlessly  and  inaccurately  used  almost  sjni- 
onomously  in  dictionaries,  in  encyclopedias  and 
in  political  literature  and  discussion.  This  coun- 
try is  frequently  spoken  of  as  a  democracy,  and 


The  Republic  28 

yet  the  men  who  established  our  government 
made  a  very  marked  distinction  between  a  repub- 
lic and  a  democracy,  gave  very  clear  definitions 
of  each  term,  and  said  repeatedly  and  emphati- 
cally that  they  had  f  omided  a  republic. 

Sm-ely  no  one  has  more  valid  authority  to  use 
governmental  terms,  or  to  make  definitions  of 
those  terms,  than  the  men  who  evolved  the  best 
form  of  government  the  world  has  ever  known. 
The  statements  of  Hamilton  and  Madison,  who 
were  designated  as  the  spokesmen  and  inter- 
preters of  the  work  of  the  Constitutional  Con- 
vention, make  it  absolutely  clear  that  the  founders 
of  the  republic  had  in  mind  a  very  marked  dis- 
tinction between  these  two  forms.  In  The  Fed- 
eralist Madison  says: 

"What,  then,  are  the  distinctive  characters  of 
the  republican  form?  Were  an  answer  to  this  to 
be  sought,  not  by  recurring  to  principles,  but  in 
the  apphcation  of  the  term  by  political  writers, 
to  the  constitutions  of  different  states,  no  satis- 
factory one  would  ever  be  found.  Holland,  in 
which  no  particle  of  the  supreme  authority  is  de- 
rived from  the  people,  has  passed  almost  univer- 
sally under  the  denomination  of  a  republic.  The 
same  title  has  been  bestowed  on  Venice,  where 
absolute  power  over  the  great  body  of  the  people 
is  exercised,  in  the  most  absolute  manner,  by  a 


24  Back  to  the  Republic 

small  body  of  hereditary  nobles.  Poland,  which 
is  a  mixture  of  aristocracy  and  monarchy  in  their 
worst  forms,  has  been  dignified  with  the  same  ap- 
pellation. The  government  of  England,  which 
has  one  republican  branch  only,  combined  with 
an  hereditary  aristocracy  and  monarchy,  has, 
with  equal  impropriety,  been  frequently  placed 
on  the  list  of  republics.  These  examples,  which 
are  nearly  as  dissimilar  to  each  other  as  to  a  gen- 
uine republic,  show  the  extreme  inaccuracy  with 
which  the  term  has  been  used  in  political  dis- 
quisitions." 

The  above  quotation  indicates  how  forcefully 
Madison  called  attention  to  the  gross  misuse  of 
the  word  "republic''  in  his  day.  He  was  very 
jealous  of  the  use  of  the  term.  He  was  extremely 
conscious  and  justly  proud  of  having  played  an 
important  part  in  helping  to  found  the  first 
republic  of  history.  He  knew  the  difference  be- 
tween an  autocracy  and  a  republic  and  he  ob- 
jected to  having  autocracies  spoken  of  as  repub- 
lics. 

He  also  understood  quite  clearly  the  difference 
between  a  republic  and  a  democracy.  Again,  in 
The  Federalist,  he  said : 

"Hence  it  is  that  such  democracies  have  ever 
been  spectacles  of  turbulence  and  contention; 
have  ever  been  foimd  incompatible  with  personal 


The  Republic  25 

security  or  the  rights  of  property,  and  have  in 
general  been  as  short  in  their  lives  as  they  have 
been  violent  in  their  deaths.  Theoretic  politi- 
cians, who  have  patronized  this  species  of  govern- 
ment, have  erroneously  supposed  that  by  reducing 
mankind  to  a  perfect  equality  in  their  politi- 
cal rights,  they  would,  at  the  same  time,  be  per- 
fectly equalized  and  assimilated  in  their  profes- 
sions, their  opinions  and  their  passions.  ...  A 
republic,  by  which  I  mean  a  government  in  which 
the  scheme  of  representation  takes  place,  opens 
a  different  prospect,  and  promises  the  cure  for 
which  we  are  seeking.  .  .  .  The  two  great  points 
of  diiFerence  between  a  democracy  and  a  repub- 
lic are,  first,  the  delegation  of  the  government, 
in  the  latter,  to  a  small  number  of  citizens  elected 
by  the  rest ;  secondly,  the  greater  number  of  citi- 
zens and  extent  of  territory  which  may  be 
brought  within  the  compass  of  republican  than 
of  democratic  government.  .  .  .  The  eflPect  of 
the  first  difference  is,  on  the  one  hand,  to  refine 
and  enlarge  the  public  views,  by  passing  them 
through  the  medium  of  a  chosen  body  of  citizens, 
whose  wisdom  may  best  discern  the  true  interest 
of  their  country,  and  whose  patriotism  and  love 
of  justice  will  be  least  likely  to  sacrifice  it  to 
temporary  or  partial  considerations.  Under 
such  a  regulation  it  may  well  happen  that  the 


26  Back  to  the  Republic 

public  voice,  pronounced  by  the  representatives 
of  the  people,  will  be  more  consonant  to  the  pub- 
lic good  than  if  pronounced  by  the  people  them- 
selves, convened  for  the  purpose.  .  .  .  Hence, 
it  clearly  appears  that  the  same  advantage  which 
a  republic  has  over  a  democracy  consists  in  the 
substitution  of  representatives  whose  enlightened 
views  and  virtuous  sentiments  render  them  su- 
perior to  local  prejudices  and  to  schemes  of  in- 
justice. ...  In  fine,  it  consists  in  the  greater 
obstacles  opposed  to  the  concert  and  accomplish- 
ment of  the  secret  wishes  of  an  unjust  and  inter- 
ested majority.  ...  If  we  resort  for  a  criterion 
to  the  different  principles  on  which  different 
forms  of  government  are  established,  we  may  de- 
fine a  republic  to  be,  or  at  least  may  bestow  that 
name  on,  a  government  which  derives  all  its 
powers  directly  or  indirectly  from  the  great  body 
of  the  people,  and  is  administered  by  persons 
holding  their  offices  during  pleasure,  for  a  limited 
period,  or  during  good  behavior.  ...  The  true 
distinction  between  these  forms  is  that  in  a  democ- 
racy the  people  meet  and  exercise  the  govern- 
ment in  person.  In  a  republic  they  assemble  and 
administer  it  by  their  representative  agents.  .  .  . 
The  first  question  that  offers  itself  is  whether  the 
general  form  and  aspect  of  the  government  be 
strictly  republican?    It  is  evident  that  no  other 


The  Republic  '  27 

form  would  be  reconcilable  with  the  genius  of  the 
American  people." 

On  September  18th,  1803,  Hamilton  wrote  to 
Pickering: 

"The  plan  of  a  constitution  which  I  drew  up 
while  the  convention  was  sitting,  and  which  I 
communicated  to  Mr.  Madison,  .  .  .  was  predi- 
cated upon  these  bases : 

"1.  That  the  political  principles  of  the  people 
of  this  country  would  endure  nothing  but  repub- 
lican government. 

"2.  That  in  the  actual  situation  of  the  country- 
it  was  in  itself  right  and  proper  that  the  republi- 
can theory  should  have  a  full  and  fair  triaL 

"3.  That  to  such  a  trial  it  was  essential  that 
the  government  should  be  so  constructed  as  to 
give  all  the  energy  and  stability  reconcilable  with 
the  principles  of  that  theory. 

"These  were  the  genuine  sentiments  of  my 
heart,  and  upon  them  I  acted." 

In  his  great  and  exhaustive  work  on  "Politi- 
cal Science  and  Constitutional  Law,"  John  W. 
Burgess,  after  analyzing  minutely  the  forms  of 
government  of  the  four  leading  countries,  makes 
the  following  deductions: 

"I  do  not  believe  it  is  Utopian  to  predict  that 
the  republican  form  will  live  after  all  other  forms 
have  perished.  ...  It  is  a  hazardous  venture  to 


28'  Bach  to  the  Republic 

prophesy  what  the  form  of  the  future  will  be.  It 
seems  to  me,  however,  that  that  form  will  be  a 
republic.  ...  It  seems  to  me  evident  that  the 
destiny  of  history  is  clearly  pointing  to  the 
United  States  as  the  great  world  organ  for  the 
modern  solution  of  the  problem  of  government 
as  well  as  of  liberty." 

Article  4,  Section  4,  of  the  Constitution  pro- 
vides: "The  United  States  shall  guarantee  to 
every  State  in  this  Union  a  republican  form  of 
government."  It  is  inconceivable  that  the 
Fathers  would  guarantee  a  republican  form  of 
government  to  every  State  in  the  Union  without 
the  absolute  intent  of  providing  that  same  form 
of  government  for  the  nation. 

It  would  seem  that  the  founders  of  this  repub- 
lic, after  a  careful  survey  of  the  governments  of 
history,  concluded  that  autocracy  resulted  in 
tyranny  and  democracy  merged  into  mobocracy, 
and  they  strove  to  avoid  the  dangerous  extreme 
of  either  tyranny  or  mobocracy  by  establishing 
the  golden  mean  and  founding  a  republic. 

The  new  form  of  government  provided  for  by 
the  Constitution  and  evolved  in  1788  A.D.  was 
the  first  republic  the  world  had  ever  known,  and 
it  may  be  clearly  defined  as  follows : 

A  republic  is  a  form  of  government  under  a 
constitution  which  provides  for  the  election  of 


The  Republic  29 

(1)  an  eccecutive  and  (2)  a  legislative  body,  who, 
working  together  in  a  representative  capacity, 
have  all  power  of  appointment,  all  power  of  leg- 
islation, all  power  to  raise  revenues  and  appro- 
priate expenditures,  and  are  required  to  create 

(3)  a  judiciary  to  pass  upon  the  justice  and  le- 
gality of  their  governmental  acts  and  to  recognize 

(4)  certain  inherent  individual  rights. 

Take  away  any  one  or  more  of  those  four  ele- 
ments and  you  are  drifting  into  autocracy.  Add 
one  or  more  to  those  four  elements  and  you  are 
drifting  into  democracy. 

In  an  autocracy  authority  is  derived  through 
heredity,  regardless  of  character,  capacity  or 
conduct.  Rulers  are  chosen  by  virtue  of  their 
membership  in  the  royal  family;  the  people  have 
no  choice  in  their  selection. 

In  a  democracy  authority  is  derived  through 
mass-meeting,  the  initiative,  the  referendum,  in- 
structed delegates,  or  any  other  form  of  direct 
popular  expression. 

In  a  republic  authority  is  derived  through  the 
election  by  the  people  of  public  officials  to  repre- 
sent them. 

The  attitude  of  autocracy  toward  property  is 
feudalistic.  This  is  unjust  and  results  in  pro- 
test, and  finally  in  rebellion,  on  the  part  of  the 
people. 


80  Bach  to  the  Republic 

The  attitude  of  democracy  toward  property 
is  communistic  or  socialistic.  This  negates  prop- 
erty rights  and  results  in  chaos,  mobmindedness 
and  riot,  finally  terminating  in  destruction  of  the 
very  property  itself. 

The  attitude  of  the  republic  toward  property  is 
that  of  individual  ownership,  resulting  in  thrift, 
respect  for  law,  individual  rights,  and  orderly, 
sensible,  economic  procedure. 

The  attitude  of  autocracy  toward  law  is  that 
the  will  of  the  royal  ruler  shall  prevail,  regard- 
less of  reason  or  consequences. 

The  attitude  of  democracy  toward  law  is  that 
the  will  of  the  majority  shall  prevail,  regardless 
of  whether  it  be  based  upon  deliberation  or  is 
governed  by  passion,  prejudice  and  impulse, 
without  restraint  or  regard  to  consequences. 

The  attitude  of  the  republic  toward  law  is  the 
administration  of  justice  in  accord  with  fixed 
principles  and  established  evidence  and  with 
strict  regard  to  consequences. 

There  is  no  such  thing  as  a  representative  de- 
mocracy. To  use  that  expression  is  equivalent  to 
speaking  of  a  "temperate  drunkard."  The  very 
essence  of  democracy  is  that  the  people  speak  di- 
rect. There  is  no  such  thing  as  a  "democratic  re- 
public/^ To  use  that  expression  is  equivalent  to 
speaking  of  "gluttonous  nourishment."  The  very 


The  Republic  81 

essence  of  a  republic  is  that  the  people  speak 
through  representatives.  If  there  is  such  a  thing 
as  a  democratic  republic,  what  other  kinds  of  re- 
publics are  there?  There  is  no  such  thing  as  a 
democratic  autocracy.  To  use  that  expression  is 
equivalent  to  speaking  of  gluttonous  starvation. 

This  line  of  reasoning  will  be  clarified  in  the 
following  chapter  on  "The  Golden  Mean.'' 

The  expressions  "representative  democracy," 
"democratic  republic"  and  "democratic  autoc- 
racy" are  among  the  most  dangerous  and  mis- 
leading in  current  use. 

The  only  qualifying  terms  that  can  properly 
be  used  to  describe  an  autocracy  or  a  democracy 
are  bad,  worse,  worst.  There  are  no  good  ones. 
The  only  qualifying  terms  that  can  properly  be 
used  to  describe  a  republic  are  good,  better,  best. 
When  a  republic  ceases  to  be  good  it  is  no  longer 
a  republic;  it  has  merged  into  either  a  democracy 
or  an  autocracy.  Just  as  in  the  realm  of  food 
the  only  qualifying  adjectives  that  can  be  used 
to  describe  starvation  or  gluttony  are  bad,  worse, 
worst,  the  only  qualifying  adjectives  that  can 
be  used  to  describe  nourishment  are  good,  better, 
best.  When  nourishment  ceases  to  be  good,  it 
has  merged  into  either  starvation  or  gluttony. 

England  today  is  known  as  an  autocracy  with 
a  mixed  government.     It  has  some  of  the  ele- 


32  Back  to  the  Republic 

ments  of  a  republic  and  some  of  the  elements 
of  a  democracy.  The  mi  written  constitution,  the 
existence  of  the  royal  family,  even  though  some- 
what muzzled,  the  House  of  Lords,  and  the  lim- 
itation on  the  reviewing  of  legislation  by  the 
courts,  are  all  elements  of  autocracy.  The  House 
of  Commons  is  a  republican  branch.  The  mer- 
curial method  of  changing  the  cabinet  in  haste, 
on  the  impulse  of  the  moment,  at  the  behest  of 
the  mob  spirit,  is  of  the  essence  of  democracy. 

France  is  a  democrac}'^  with  a  mixed  govern- 
ment containing  some  republican  elements  and 
some  of  the  elements  of  an  autocracy. 

Almost  all  of  the  autocracies  and  democracies 
of  the  world  have  mixed  governments ;  that  is  to 
say,  they  have  modified  the  form  to  include  ele- 
ments of  one  or  both  of  the  two  other  forms. 

The  first  republic  the  world  had  known  was  the 
republic  of  the  United  States,  which,  until  we 
began  modifying  it,  was  a  true  republic. 

We  should  return  at  once,  with  all  of  the  hu- 
mility and  penitence  of  the  prodigal  son,  to  a 
strict  and  literal  adherence  to  the  republic,  the 
golden  mean  between  autocracy  and  democracy, 
and  encourage  the  people  of  each  of  the  other 
countries  of  the  world  to  go  forward  from  the 
form  of  government  that  they  now  have  to  a 
republic. 


Chapter  III 

THE  GOLDEN  MEAN 

'TpHE  golden  mean  is  a  concept  almost  as  old 
as  humanity  itself.  Confucius  wrote  inter- 
estingly about  the  mean.  Horace  gave  express- 
ion to  the  phrase  "aurea  mediocritas." 

The  mean  that  is  golden  is  that  middle  point 
or  degree  in  any  quality,  state  or  activity  which 
avoids  the  dangers  or  errors  of  either  extreme  by 
the  striking  of  a  well  balanced  medium. 

In  the  study  of  any  science  or  of  any  problem 
we  can  learn  much  by  observing  the  laws  of  na- 
ture. If  in  sowing  grain  we  use  too  little  seed, 
the  crop  will  be  small.  If  sufficient  is  sowed,  the 
best  possible  crop  will  result.  If  too  much  is 
sowed,  there  will  be  no  mature  crop,  because  the 
plants  will  be  too  crowded  to  secure  the  proper 
nourishment,  light  and  air.  Again,  if  too  little 
moisture  falls  upon  the  soil,  you  have  a  drought 
and  little  crop;  if  sufficient  moisture,  the  best 
crop;  if  too  much  moisture,  the  field  is  flooded, 
the  plants  rot,  and  you  have  no  crop. 

In  no  sphere  of  activity  do  we  find  the  dangers 
of  the  two  extremes  more  disastrous,  and  on  the 

33 


84  Back  to  the  Republic 

other  hand  the  value  of  the  golden  mean  more 
beneficial,  than  in  the  realm  of  government.  Too 
little  participation  by  the  people  means  autoc- 
racy, which  results  in  tyranny.  On  the  other 
hand,  too  much  participation  by  the  people  means 
democracy,  which  results  in  mobocracy.  It  is 
the  golden  mean,  the  republic — the  standard 
form  of  government,  strictly  and  literally  ad- 
hered to — ^which  gives  just  the  right  amount  of 
participation  by  the  people  in  governmental  af- 
fairs and  causes  the  political  plant  to  thrive  and 
reach  its  best  development  and  its  full  fruition. 

Aristotk  made  the  most  valuable  contributions 
to  political  science  that  were  made  prior  to  the 
founding  of  this  republic.  He  was  the  first  writer 
to  undertake  a  classification  of  the  forms  of  gov- 
ernment. As  a  philosopher  he  knew  that  there 
must  be  three  degrees  for  an  accurate  classifica- 
tion, and  he  divided  government  into  three  forms. 
He  knew  that  there  should  be  two  extremes  and 
a  form  corresponding  to  the  golden  mean  in  the 
realm  of  government  as  in  other  fields  of  activ- 
ity. He  named  monarchy  as  one  extreme  and 
defined  it  as  government  of  one.  He  named  de- 
mocracy as  the  other  extreme  and  defined  it  as 
government  of  the  masses ;  but,  the  standard  form 
not  having  been  evolved,  the  golden  mean  not 
having  been  worked  out  in  his  day,  he  could  not 


The  Golden  Mean  35 

include  the  republic  as  the  golden  mean.  He  was 
therefore  forced  in  his  classilScation  to  do  what 
we  are  frequently  called  upon  to  do  when  we  can- 
not find  the  thing  we  need — namely,  to  use  the 
best  substitute  available — and  in  lieu  of  the  gold- 
en mean  he  chose  aristocracy  and  defined  it  as 
government  of  the  minority.  Aristocracy,  how- 
ever, has  the  same  elements  and  is  of  the  essence 
of  autocracy.  It  has  the  element  of  heredity,  the 
element  of  class,  the  element  of  privilege,  and 
generally  the  element  of  militarism,  and  deserves 
no  classification  separate  and  apart  from  autoc- 
racy, any  more  than  bread  deserves  a  classifica- 
tion separate  and  apart  from  food. 

There  have  been  several  crude  classifications 
of  forms  of  government,  and  a  mere  statement 
of  them  is  sufficient  to  demonstrate  how  shallow 
had  been  the  thinking  upon  political  science  pre- 
vious to  the  founding  of  this  government. 

Von  Mohl  classified  the  forms  of  government 
as  patriarchal,  theocratic,  despotic,  classic,  feudal, 
and  constitutional.  The  classification  of  Von 
Mohl  is  an  apt  illustration  of  the  loose  thinking 
and  inaccurate  use  of  governmental  terms.  It 
results  only  in  confusing  the  mind. 

Bluntschli  followed  the  classification  of  Aris- 
totle and  added  "Idiokratie,"  which  he  defined  as 
a  state  in  which  the  supreme  ruler  is  considered 


86  Back  to  the  Republic 

to  be  God,  or  some  superhuman  spirit,  or  an  idea. 
Most  writers  on  political  science  since  the  time 
of  Aristotle  have  followed  his  classification  of 
forms  of  government,  and  modem  writers  on 
political  science  in  the  main  still  follow  blindly 
the  incorrect  classification  of  forms  of  govern- 
ment suggested  by  Aristotle,  although  the  found- 
ing of  this  republic  made  necessary  a  revision  in 
order  to  make  a  correct  classification.  It  was 
reserved  for  the  founders  of  this  republic,  the 
framers  of  the  Constitution  of  the  United  States, 
to  arrest  the  erratic  swing  of  the  pendulum  of 
government  and  to  point  it  to  the  golden  mean, 
which  made  necessary  a  revision  of  the  classifica- 
tion of  Aristotle  by  striking  out  aristocracy, 
which  is  an  essence  of  autocracy,  and  substituting 
republic,  which  is  the  mean  that  is  golden,  as  fol- 
lows: 

REPUBLIC 
AUTOCRACY  —  ARISTOCRACY  -  DEMOCRACY 

This  makes  the  correct  classification  of  forms  of 
government. 

All  through  the  realm  of  nature  and  of  human 
activity  we  find  examples  of  the  trinity  classi- 
fication above  described — the  two  extremes  and 
the  golden  mean.  A  few  of  the  more  striking 
classifications  of  this  character  are  cited  below  in 
order  to  emphasize  this  fundamental  truth  and  to 


The  Golden  Mean 


87 


illustrate  the  importance  and  the  soundness  of 
the  law  of  the  golden  mean.  Other  trinity  classi- 
fications will  doubtless  occur  to  you : 


Extreme 

Golden  Mean 

Extreme 

Autocracy 

REPUBLIC 

Democracy 

Tyrants 

Statesmen 

Demagogues 

Bondage 

Liberty 

License 

Oppression 

Reason 

Impulse 

Arbitrariness 

Arbitration 

Agitation 

Submission 

Contentment 

Discontent 

Coercion 

Justice 

Anarchy 

Reaction 

Progress 

Chaos 

Feudalism 

Property  rights 

Socialism 

You  will  observe  from  these  classifications 
that  the  results  of  autocracy  and  democracy  are 
undesirable  extremes,  and  that  the  results  of  a 
republic  are  desirable  golden  means. 

Autocracy  results  in  tyranny,  bondage,  op- 
pression, arbitrariness,  coercion,  submission,  re- 
action. 

Democracy  results  in  demagogism,  license, 
impulse,  agitation,  discontent,  anarchy  and 
chaos. 

The  republic,  strictly  and  literally  adhered  to, 
results  in  statesmanship,  liberty,  reason,  arbitra- 
tion, justice,  contentment  and  progress. 

It  is  interesting  to  note  how  this  natural  law  of 
the  golden  mean  works  in  other  fields  of  activity 


88 


Back  to  the  Republic 


and  illustrates  the  application  of  the  law  to  forms 
of  government: 


Extreme 

Golden  Mean 

Extreme 

Skepticism 

Reverence 

Fanaticism 

Polygamy 

Monogamy 

Promiscuity 

Starvation 

Nourishment 

Gluttony 

Thirst 

Temperance 

Drunkenness 

Stupidity 

Intelligence 

Insanity 

Monotone 

Harmony 

Discord 

Three  or  less 

Four  wheels 

Five  or  more 

'Hibernation 

Rest 

Insomnia 

Darkness 

Light 

Dazzle 

Drought 

Moisture 

Flood 

What  skepticism  is  to  religion,  autocracy  is  to 
government;  what  fanaticism  is  to  religion,  de- 
mocracy is  to  government ;  what  reverence  or  wor- 
ship is  to  religion,  the  republic  is  to  government. 

Polygamy,  which  means  plural  marriage,  is  to 
the  domestic  world  what  autocracy  is  to  govern- 
ment; promiscuity,  or  free  love,  is  to  the  domestic 
world  what  democracy  is  to  government;  monog- 
amy, one  man  and  one  woman  lawfully  wedded, 
producing  legitimate  children  and  serving  as  a 
imit  in  society,  is  to  the  domestic  world  what  the 
republic  is  to  government. 

In  the  world  of  food,  starvation  is  to  the  indi- 
vidual what  autocracy  is  to  government:  the 
aspirations  of  the  people  are  starved.  What  glut- 
tony is  to  the  individual,  democracy  is  to  gov- 


The  Golden  Mean  89 

ernment:  it  does  not  function.  What  nourish- 
ment is  to  the  individual,  the  repvhlic  is  to  govern- 
ment. 

In  the  matter  of  drink,  what  thirst  is  to  the  in- 
dividual, autocracy  is  to  government;  what 
drunkenness  is  to  the  individual,  democracy  is  to 
government;  what  temperance  is  to  the  individ- 
ual, the  republic  is  to  government. 

What  the  monotone  is  to  musiic,  autocracy  is 
to  government ;  what  discord  is  to  music,  democ- 
racy is  to  government;  what  harmony  is  to  music, 
the  republic  is  to  government. 

What  stupidity  is  to  thought,  autocracy  is  to 
government ;  what  insanity  is  to  thought,  democ- 
racy is  to  government;  what  intelligence  is  to 
thought,  the  republic  is  to  government. 

What  hibernation  is  to  sleep,  autocracy  is  to 
government;  what  insomnia  is  to  sleep,  democ- 
racy is  to  government ;  what  rest  is  to  sleep,  the 
republic  is  to  government. 

What  darkness  is  to  the  sight,  autocracy  is  to 
government ;  what  dazzle  is  to  the  eye,  democracy 
is  to  government ;  what  light  is  to  the  eye,  the  re- 
public is  to  government. 

What  drought  is  to  the  soil,  autocracy  is  to  gov- 
ernment ;  what  a  flood  is  to  the  soil,  democracy  is 
to  government;  what  moisture  is  to  the  soil,  the 
republic  is  to  government. 


40  IBack  to  the  Republic 

What  three  wheels  or  less  are  to  transporta- 
tion, autocracy  is  to  government;  what  five 
wheels  or  more  are  to  transportation,  democracy 
is  to  government;  what  four-wheel  vehicles  are 
to  transportation,  the  republic  is  to  government. 

You  will  observe  that  in  the  above  classifica- 
tions the  golden  mean  is  always  an  accurate,  def- 
inite thing,  while  the  extremes  are  variable,  inac- 
curate things.  For  example,  it  is  starvation 
whether  an  individual  is  deprived  of  food  for  sev- 
eral days  or  several  weeks ;  the  longer  the  period 
of  time,  the  more  extreme  the  starvation.  It  is 
gluttony  whether  one  eats  an  overabundance  of 
food  or  several  times  the  needed  amount,  and  the 
greater  the  abundance  of  food,  the  more  extreme 
the  gluttony ;  but  nourishment,  the  golden  mean, 
is  a  definite  thing  with  fixed  limitations — just 
enough. 

If  one  is  deprived  of  drink  for  a  day,  or  sev- 
eral days,  it  is  thirst,  and  the  longer  the  time,  the 
more  extreme  the  thirst.  One  may  drink  too  many 
glasses  or  too  many  quarts;  the  result  will  be 
drunkenness  in  some  degree;  and  the  greater  the 
excessive  amount,  the  more  extreme  the  drunken- 
ness: but  temperance,  the  golden  mean,  is  a  def- 
inite thing  with  fixed  limitations. 

Polygamy  consists  in  the  marriage  of  one  man 
to  two  or  more  wives.    The  number  may  be  five. 


The  Golden  Mean  41 

seven,  ten,  seventeen,  or  any  other  plural  num- 
ber; the  larger  the  number,  the  more  extreme  the 
polygamy.  Promiscuity  consists  of  ignoring  the 
institution  of  marriage  and  forming  domestic 
relationships  with  one  or  more  "affinities,"  which 
results  in  illegitimate  children  and  chaos  in  so- 
ciety; the  more  numerous  the  "affinities,"  the 
more  extreme  the  promiscuity;  but  the  monoga- 
mous marriage  is  a  definite  thing  with  fixed  limi- 
tations: one  man  and  one  woman  lawfully 
wedded,  producing  legitimate  children  and  serv- 
ing as  a  unit  in  society.  Add  one  or  more  wives 
and  you  have  polygamy;  one  or  more  affinities, 
and  you  have  promiscuity. 

The  above  classifications  and  illustrations  are 
scientific  and  in  accord  with  truth  and  common 
sense.  Just  so  in  forms  of  government.  The 
republic  is  a  definite,  accurate  thing  with  fixed 
limitations.  Take  away  one  or  more  of  the  four 
elements  of  a  republic,  and  you  have  some  degree 
of  autocracy.  Add  one  or  more  to  the  four 
elements  of  a  republic,  and  it  merges  into  democ- 
racy. 

The  law  of  degree  also  applies  to  forms  of 
government.  The  more  extreme  the  autocracy, 
the  more  vicious  the  government;  and,  on  the 
other  hand,  the  more  extreme  the  democracy, 
the  more  vicious  the  government:  but  the  more 


42  Back  to  the  Republic 

strictly  and  literally  the  republic  is  adhered  to, 
the  better  the  government. 

Frequently  you  hear  people  say  that  the  more 
popular  the  government  becomes,  the  better  it 
becomes.  That  statement  is  as  absurd  and  un- 
true as  it  would  be  to  say  that  the  more  drink 
you  give  a  person,  the  more  temperate  that  per- 
son becomes,  or  the  more  excessive  the  amount 
of  food  you  give  a  person,  the  better  nourished 
that  person  becomes ;  the  more  fanatical  a  person 
becomes,  the  more  religious  that  person  is;  the 
more  seed  you  sow,  the  better  the  crop. 

On  every  hand  almost  daily  we  hear  the  ex- 
pression, "Make  the  world  safe  for  democracy." 
That  expression  is  as  superficial,  and  as  impos- 
sible, and  as  unwise  as  it  would  be  to  say:  "Make 
drink  safe  for  drunkenness;  make  food  safe  for 
gluttony;  make  religion  safe  for  fanaticism; 
make  the  social  world  safe  for  free  love;  make 
music  safe  for  discord ;  make  justice  safe  for  law- 
lessness; make  automobiling  safe  for  joyriding." 
It  is  a  weak,  unsound,  beggarly  slogan.  Govern- 
ment was  created  to  make  safety,  not  to  have 
safety  made  for  it. 

A  more  effective  statement  would  be,  "Make 
the  world  safe  through  democracy,"  if  there  were 
any  basis  for  faith  in  such  a  slogan;  but  we  can- 
not make  the  world  safe  for  democracy,  nor  can 


The  Golden  Mean  48 

we  make  the  world  safe  through  democracy,  be- 
cause democracy  itself  is  one  of  the  most  dan- 
gerous things  in  the  world. 

The  proper  reply  to  that  slogan  is  that  the  first 
repvhlic  made  a  nation  safe  for  the  first  time  in 
history  and  helped  make  the  world  safer  until 
we  modified  the  republic  by  adding  the  elements 
of  democracy. 

To  discuss  a  governmental  situation  in  terms 
of  autocracy  and  democracy  and  ignore  the  re- 
public  is  as  shallow  and  unscientific  as  it  would 
be  to  discuss  a  food  problem  in  terms  of  starva- 
tion and  gluttony  and  ignore  nourishment,  which 
is  the  vital  thing;  or  to  discuss  the  drink  problem 
in  terms  of  thirst  and  drunkenness  and  ignore 
temperance,  which  is  the  important  thing;  or  to 
discuss  the  question  of  human  rights  in  terms  of 
bondage  and  license  and  ignore  liberty,  which  is 
the  essential  thing. 

The  tendency,  however,  during  recent  years, 
of  those  in  authority  in  all  countries  has  been  to 
go  to  one  extreme  or  the  other;  to  appeal  to  ig- 
norance, passion,  prejudice,  emotion,  hate  and 
fear  by  intemperate  speech,  and  to  ignore  the 
danger  signals  of  history.  There  is  an  appalling 
need  today  for  a  knowledge  and  an  observance 
and  an  application  of  the  law  of  the  golden  mean 
in  word,  thought  and  action. 


Chapter  IV 

THE  STANDARD  FORM 

TF  YOU  were  asked  to  suggest  a  word  that 
epitomizes  in  the  most  effective  and  compre- 
hensive manner  the  simi  total  of  human  effort 
and  the  achievements  of  civilization,  what  would 
your  answer  be? 

Undoubtedly  the  word  ''standards.'* 
By  the  processes  of  reasoning  and  experience 
in  the  various  fields  of  activity  and  thought, 
standards  have  been  evolved  to  guide  mankind 
in  the  onward  march  of  civilization. 

FrMn  the  birth  of  political  speculation  treatises 
on  politics  have  frequently  discussed  the  ques- 
tion. What  is  the  best  form  of  government? 

The  men  who  founded  this  republic  answered 
that  question  by  evolving  the  standard  form  of 
government.  It  is  the  right  standard  in  the  sci- 
ence of  government,  just  as  the  Golden  Rule  is 
the  correct  standard  in  the  philosophy  of  right 
living;  the  Ten  Commandments  in  the  realm  of 
law;  the  ten  digits  in  the  science  of  mathematics; 
the  alphabet  in  the  languages ;  the  institution  of 

14 


The  Standard  Form  45 

monogamous  marriage  in  domestic  relationships; 
the  clock  in  the  realm  of  time;  the  compass  as  a 
guide  to  travel;  the  standards  of  weights  and 
measures  to  express  quantity;  the  yardstick  as 
the  unit  of  length;  four  wheels  in  the  domain  of 
land  transportation;  the  fish-shaped  boat  in  the 
domain  of  water  transportation;  gold  in  the  mon- 
etary system,  and  the  corporation  in  the  field  of 
business. 

How  do  we  know  that  these  are  standards? 
Because  they  have  been  evolved  through  reason- 
ing and  experiment  and  have  been  tested  by  ex- 
perience and  demonstration.  Nothing  was  dis- 
covered or  evolved  up  to  the  time  of  their  adop- 
tion that  worked  as  well,  and  nothing  has  since 
been  evolved  that  could  be  substituted  for  them 
with  profit  and  universal  approval. 

All  of  the  standards  above  referred  to  except 
the  standard  form  of  government  have  met  vdth 
almost  universal  adoption  throughout  the  entire 
world,  and  it  is  high  time  that  we  should  adhere 
strictly  and  literally  to  the  republic  as  the  stand- 
ard form  of  government  in  nation,  State,  county 
and  city,  and  recommend  its  adoption  throughout 
the  world. 

It  meets  as  severe  a  test  as  can  be  applied  to 
any  of  the  standards  named. 

During  the  thousands  of  years  of  history  prior 


46  Back  to  the  Republic 

to  the  founding  of  this  republic  no  government 
had  been  devised  which  gave  to  its  people  re- 
ligious freedom,  civil  liberty,  freedom  of  speech, 
freedom  of  the  press,  security  of  individual 
rights,  popular  education  or  universal  suffrage. 

During  the  first  hundred  years  of  the  existence 
of  this  standard  form  of  government  all  these 
privileges  were  secured.  In  that  first  century 
of  our  history  we  developed  a  larger  galaxy  of 
great  statesmen  (because  they  were  working  and 
thinking  along  standard  lines)  than  has  been  de- 
veloped by  all  other  governments  in  the  history 
of  mankind.  We  harmonized  into  a  splendid 
citizenship  people  of  many  nationalities  coming 
to  our  shores  with  varying  ambitions  and  ideals. 
We  stood  the  strain  of  the  great  Civil  War  and 
came  out  of  it  stronger  and  better.  We  made 
material  and  commercial  progress  that  has  had 
no  parallel  in  history,  and  while  making  that 
matchless  record  we  established  for  the  United 
States  of  America  the  leading  place  among  the 
nations  of  the  world. 

All  these  evidences  of  the  adaptability  of  the 
republic  successfully  to  meet  unlooked-for  emer- 
gencies, to  harmonize  the  incoherent  elements 
from  other  lands,  to  establish  the  blessings  of  lib- 
erty, of  education  and  of  individual  rights,  and 
to  successfully  solve  the  problems  which  had  baf- 


The  Standard  F^rm  47 

fled  the  philosophers  and  stittesmen  throughout 
the  ages,  are  proof  that  the  republic  is  not  only 
the  best,  but  the  standard  form  of  government. 

It  was  the  first  form  of  government  that 
worked  well,  and  no  form  of  government  has 
since  been  devised  which  has  met  with  such  uni- 
versal approval;  but  for  some  unexplainable 
reason  it  has  not  met  with  universal  adoption. 

The  delay  in  universal  adoption  is  not  unusual, 
but  quite  in  accord  with  the  experience  of  history. 
It  is  doubtful  if  any  of  the  other  standards ^  now 
universally  recognized,  met  with  immediate  adop- 
tion. Their  discovery  in  most  instances  was 
probably  followed  by  a  period  of  doubt  and  fur- 
ther fruitless  experiment. 

The  people  of  all  ages  have  quite  generally 
failed  to  recognize  the  merit  of  the  work  of  the 
benefactors  of  the  race  and  the  prophets  of  their 
time,  and  have  frequently  paid  popular  homage 
to  those  who  were  finally  revealed  as  impostors. 

They  humiliated  Westinghouse  for  discover- 
ing the  airbrake. 

They  laughed  at  Bell  for  discovering  the 
telephone. 

They  persecuted  Columbus  for  discovering  a 
new  world  and  unfolding  hidden  truth. 

They  made  a  wandering  pilgrim  of  Confucius 
in  China. 


48  Back  to  the  Republic 

They  gave  Socrates  the  cup  of  hemlock  for 
philosophy  now  taught  in  our  universities. 

They  crucified  Christ,  who  came  to  lead  the 
way  and  set  the  standard  of  right  living  for  all 
mankind. 

"Not  understood! 
Poor  souls  with  stunted  vision 

Oft  measure  giants  by  their  narrow  gauge ; 
The  poisoned  shafts  of  falsehood  and  derision 
Are  oft  employed  'gainst  those  who  mold  the  age. 
Not  understood!" 

The  light  finally  dawned;  the  truth,  although 
"crushed  to  earth,"  finally  prevailed,  and  ulti- 
mately the  importance  of  the  work  of  the  men 
who  founded  the  republic  will  be  recognized  and 
understood. 

There  is  no  reason  to  suppose  that  the  f ramers 
of  the  Constitution  realized  the  full  significance 
of  their  work.  The  ultimate  purport  of  many  of 
our  greatest  discoveries  was  not  fully  revealed 
until  long  after  the  discoverers  passed  over  the 
great  divide. 

So  the  framers  of  the  Constitution,  though 
they  knew  that  they  had  conscientiously  pro- 
vided a  form  of  government  better  suited  than 
any  other  possible  form  to  the  need  of  their  coun- 
try, probably  did  not  fully  realize  that  they,  too, 
had  made  a  discovery  of  universal  import.  There 
is  no  evidence  that  they  were  conscious  of  having 


The  Standard  Form  49 

established  the  golden  mean  or  of  having  evolved 
the  standard  form  of  government.  But  when 
the  scope  of  this  tremendous  governmental 
achievement  dawns  upon  mankind,  the  republic 
will  be  the  universal  form  of  government  every- 
where around  the  world,  just  as  other  standards 
and  other  golden  means  in  other  fields  of  activity 
have  been  universally  utilized  when  their  su- 
periority became  known  and  acknowledged. 

Just  so  certain  as  the  sphere  is  the  standard 
form  for  the  heavenly  bodies,  including  the  earth, 
throughout  all  the  realm  of  nature,  from  the 
mightiest  suns  to  the  smallest  planets,  so  sure  it 
is  that  the  republic,  the  golden  mean,  will  become 
the  standard  form  of  government  throughout  the 
world. 

It  may  be  urged  that  the  republic  has  not 
worked  perfectly.  The  answer  is  that  it  is  not 
the  fault  of  the  form  of  government,  but  of  its 
imperfect  application.  It  has  provided  by  far 
the  best  government  of  any  form  that  has  ever 
been  devised. 

Problems  in  mathematics  are  not  always 
worked  correctly,  but  it  is  not  the  fault  of  the 
digits.  It  is  the  fault  of  imperfect  application. 
Words  are  misspelled,  but  it  is  not  the  fault  of 
the  alphabet.  We  do  not  have  perfect  monetary 
systems,  but  it  is  not  the  fault  of  gold.    Our  rem- 


50  Bach  to  the  Republic 

edy  lies  not  in  further  experiment  with  danger- 
ous departures,  but  in  improving  our  application 
of  the  standard  form  through  exercising  greater 
vigilance,  more  discretion  and  better  judgment 
in  the  selection  of  representatives  who  are  to  ad- 
minister the  affairs  of  the  government.  One  of 
the  very  vital  tests  that  should  be  applied  to  pros- 
pective candidates  as  to  their  fitness  is  whether 
or  not  they  understand  thoroughly  what  this 
form  of  government  is  and  the  stern  importance 
of  adhering  strictly  and  literally  to  it  in  nation, 
State,  county  and  city. 

No  one  claims  that  republics  are  perfect — 
nothing  human  is  perfect — but  I  do  maintain 
that  there  is  the  same  difference  between  a  re- 
public and  either  a  democracy  or  an  autocracy 
that  there  is  between  good  and  bad. 

During  a  recent  conversation  with  a  gentle- 
man who  is  an  earnest  student  of  government 
and  who  for  years  had  been  a  teacher  of  consti- 
tutional history  in  one  of  our  largest  universities, 
he  said:  *'I  have  always  been  of  the  opinion  dur- 
ing my  years  of  thought  and  study  and  teaching 
that  one  form  of  government  worked  well  in  one 
country  and  another  form  of  government  in  an- 
other country."  I  replied :  "Why  don't  you  say 
that  of  the  clock,  of  the  compass,  of  the  alphabet, 
of  the  Grolden  Rule,  of  the  ten  digits,  of  the 


T'he  Standard  Form  51 

standards  of  weights  and  measures,  or  of  the 
institution  of  marriage?" 

This  standard  form  of  government  would  work 
better  than  any  other  form  in  any  country,  under 
any  conditions,  in  the  midst  of  any  people,  just 
as  the  other  standards  heretofore  enumerated, 
that  have  been  imiversally  adopted,  work  better 
in  their  various  fields  than  anything  else  that  has 
been  devised.  This  standard  form  of  govern- 
ment would  work  better  than  any  other  form  in 
darkest  Africa,  densest  China,  chivah'ous  France, 
intellectual  England,  efficient  Germany,  chaotic 
Russia,  serious  Scandinavia,  impulsive  Mexico  or 
anywhere  else,  and  it  will  work  better  than  any 
other  form  of  government  in  any  nation.  State, 
county,  or  city,  whether  the  population  run  into 
the  millions  or  is  limited  to  a  few  hundred.  The 
very  essence  of  a  republic  is  to  make  possible  the 
selection  of  the  best  fitted  people  to  work  out 
the  problems  of  government  in  a  representative 
capacity. 

The  student  of  government  further  observed: 
"I  have  always  been  of  the  impression  that  the 
quality  of  public  service  depended  more  upon  the 
intelligence  of  the  people  than  upon  the  form 
of  government."    And  I  replied: 

"From  1776  to  1788  we  were  living  on  the 
same  land,  with  the  same  sun  to  shine  by  day  and 


52  Back  to  the  Republic 

the  same  moon  and  stars  to  shine  by  night,  with 
the  same  people,  the  same  able  men;  the  May- 
flower compact  had  been  written ;  the  Declaration 
of  Independence  had  been  adopted;  there  was  a 
yearning  desire  to  have  a  stable  government ;  but 
after  operating  under  the  Articles  of  Confed- 
eration for  twelve  years,  from  1776  to  1788,  we 
were  in  a  good  deal  the  same  condition  in  this 
country  that  Russia  is  today.  In  1787  we  wrote 
the  Constitution,  founded  the  republic,  and  in 
twelve  years  we  had  made  unbounded  progress 
and  won  the  admiration  of  the  world  because  of 
our  form  of  government." 

No  better  proof  could  be  given  of  the  great 
importance  that  the  form  of  government  plays 
in  the  welfare  and  progress  of  a  people. 

It  is  high  time  that  the  people  of  the  world 
should  be  aroused  and  become  wide-awake  to  the 
tremendous  truth  that  the  vital  significance  of 
the  work  of  the  men  who  wrote  the  Constitution 
and  founded  the  republic  is  that  they  evolved  the 
standard  form  of  government. 

Each  individual  has  a  threefold  relationship: 
the  relation  to  God,  the  relation  to  government, 
and  the  relation  to  society.  When  one  acquires 
the  right  concept  of  God  and  the  right  concept 
of  government,  it  almost  assures  a  right  relation- 
ship toward  society. 


The  Standard  Form  58 

To  my  mind  the  most  important  event  that  has 
occurred  since  creation  was  the  coming  of  Christ, 
for  he  came  to  establish  the  standard  of  right  hv- 
ing  for  all  mankind.  The  next  most  important 
event  was  the  fomiding  of  this  republic  mider 
the  Constitution,  because  it  provided  for  the 
standard  form  of  government. 


Chapter  V 

THE  CONSTITUTION 

TVyJ'ANY  books  have  been  written  upon  the 
Constitution  and  many  eloquent  and  de- 
served tributes  have  been  paid  to  it;  but  there 
have  been  comparatively  few  brief,  clear,  accurate 
statements  telling  just  what  the  Constitution  is 
and  what  it  contains. 

Many  have  come  to  regard  the  wording,  the 
style  and  the  tradition  of  the  Constitution  as  al- 
most sacred,  but  to  my  mind  the  most  sacred 
thing  about  the  Constitution  is  that  it  embraces 
just  four  elements :  (1)  An  eccecutive  and  (2)  a 
legislative  body,  who,  working  together  in  a  rep- 
resentative capacity,  have  all  power  of  appoint- 
ment, all  power  of  legislation,  all  power  to  raise 
and  expend  money,  and  who  are  required  to  do 
just  two  things:  (3)  to  create  a  judiciary  to  pass 
upon  the  justice  and  legality  of  their  govern- 
mental acts  and  (4)  to  recognize  certain  inherent 
individual  rights. 

It  has  been  the  general  custom  of  writers  to 
divide  our  government  into  three  departments, 

54 


The  Constitution  55 

but  the  element  of  inherent  individual  rights  is 
as  essential  to  the  other  three  departments  as  the 
fourth  wheel  of  a  standard  vehicle  is  to  the  other 
three  wheels  in  the  domain  of  transportation. 
The  more  additional  wheels  you  add  to  the  stand- 
ard four-wheel  vehicle,  the  more  useless  and  con- 
fusing the  vehicle  would  become;  likewise,  the 
more  additional  elements  you  add  to  the  four 
elements  provided  for  by  the  Constitution,  the 
more  useless  and  confusing  the  government  be- 
comes. The  executive,  legislative  and  judicial 
branches  should  be  guided,  controlled  and  pro- 
tected by  individual  rights.  All  the  people  are 
entitled  to  the  enjoyment  and  protection  of  indi- 
vidual rights  guaranteed  by  the  Constitution.  No 
one  of  the  four  elements  is  more  important  than 
the  element  of  individual  rights,  but  there  is  evi- 
dence that  we  are  in  danger  of  forgetting  and 
violating  this  all-absorbing,  gravely  important 
fundamental  fact. 

The  Constitution  provides  a  system  of  checks 
and  balances.  The  executive  can  veto  an  action 
of  the  majority  of  the  legislative  body,  but  the 
legislative  body  can  override  the  veto  of  the  ex- 
ecutive by  a  two- thirds  vote ;  so  they  have  a  check 
and  balance  upon  each  other. 

The  judiciary  is  required  to  recognize  indi- 
vidual rights,  and  individual  rights  are  dependent 


5Q  Back  to  the  Republic 

upon  the  judiciary  for  their  interpretation;  so 
they  have  a  check  and  balance  upon  each  other. 

The  judiciary  passes  upon  the  justice  and 
legality  of  the  acts  of  the  executive  and  the  leg- 
islative body,  and  the  executive  and  the  legis- 
lative body  have  the  appointive  power  and  have 
the  power  to  remove  for  lack  of  good  behavior; 
«o  they  have  checks  and  balances  upon  each  other. 

Individual  rights  must  be  recognized  by  the 
executive  and  the  legislative  body  and  are  de- 
pendent upon  the  executive  and  the  legislative 
body  for  enforcement;  so  there  are  checks  and 
balances  between  the  individual  rights  and  the 
executive  and  legislative  branches. 

Let  me  illustrate  it  in  the  diagram  on  the  fol- 
lowing page.  Assume  that  the  executive  and  the 
legislative  body  are  the  front  wheels  of  a  govern- 
mental vehicle,  and  the  check  and  balance  be- 
tween them  the  axle  that  connects  them ;  that  the 
judiciary  and  individual  rights  are  the  hind 
wheels,  and  the  check  and  balance  is  represented 
by  the  axle  between  them;  and  that  the  reach 
connecting  the  two  axles  represents  the  checks 
and  balances  between  the  four  elements. 

The  diagram  indicates  clearly  just  what  the 
Constitution  is  and  all  that  it  contains.  That  is 
the  four-wheeled  vehicle  provided  for  by  the  Con- 
stitution.   It  was  the  first  and  only  governmental 


The  Constitution 


sr 


Axl. 


ChecK    &    Balance 


f  JUDICIARY       [ 


O 


ChecU    R      Bglgnce 
Axle 


Diagram  of  the  Constitution 

The  organic  law  on  which  was  founded  the  first  sound 
government  in  history:  the  republic — the  golden  mean — the 
standard  form. 


58  Bach  to  the  Republic 

vehicle  ever  conceived  by  the  mind  of  man  that 
was  able  to  bear  safely  the  burdens  of  human  lib- 
erty and  human  rights.  That  is  the  standard 
form,  the  golden  mean,  the  republic,  in  the  science 
of  government,  just  as  four  wheels  constitute 
the  standard,  the  golden  mean,  in  the  domain  of 
transportation.  It  is  comparatively  simple  to 
figm-e  out  what  would  happen  in  the  domain  of 
transportation  if  we  should  try  to  work  out  the 
problem  of  transportation  on  three  wheels  or  less, 
or  five  wheels  or  more.  It  would  merely  result 
in  confusion  and  failure  to  work  out  the  problem. 
That  identical  thing  happens  in  government. 
When  you  take  away  one  or  more  of  the  four 
elements  you  have  autocracy.  When  you  add 
one  or  more  to  the  four  elements  you  have  de- 
mocracy. This  accounts  for  the  comparatively 
slight  progress  which  was  made  toward  the  solu- 
tion of  the  problems  of  government  during  all 
the  thousands  of  years  prior  to  1788  A.D.  The 
pendulum  was  swinging  back  and  forth  from  the 
extreme  of  autocracy,  with  its  attendant  evils,  to 
the  extreme  of  democracy  with  its  attendant 
evils.  The  reason  we  made  great  progress  for  a 
century  and  a  quarter  following  the  adoption  of 
the  Constitution  and  founding  of  the  republic 
is  that  we  followed  quite  closely  the  plan  of  creat- 
ing and  utilizing  those  four  elements  in  the  na- 


The  Constitution  59 

tion,  and  to  some  degree  in  the  various  States; 
and  foreign  countries  were  partially  utilizing  the 
lessons  taught  through  the  Constitution  and  the 
founding  of  the  republic.  Departures  from  the 
republic  account  for  the  complications  and  retro- 
gressive tendencies  of  recent  years. 

The  next  most  sacred  thing  about  the  Consti- 
tution is  that  it  provided  that  the  people  could  do 
two  things  only :  first,  vote  for  President  once  in 
four  years;  second,  vote  for  a  member  of  Con- 
gress from  their  district  once  in  two  years.  You 
may  read  and  reread  the  Constitution,  and  you 
cannot  find  another  thing  that  the  people  are  per- 
mitted to  do.  The  Constitution  provides  for 
absolutely  strict  representative  government  and 
gives  the  people  no  voice  in  the  solution  of  gov- 
ernmental problems  save  that  of  electing  repre- 
sentatives to  work  out  the  problems.  In  other 
words,  the  Con  stitution  applies  the  same  common 
sense  and  judgment  to  working  out  the  problems 
of  govei-nment  that  is  applied  in  other  fields  of 
activity  in  working  out  other  problems. 

This  is  A\dse,  because  the  human  race  is  so  en- 
dowed by  Providence  that  a  small  percentage  of 
the  people  have  more  natural  artistic  ability  than 
the  remaining  larger  percentage ;  a  small  percent- 
age of  the  people  have  more  natural  musical  abil- 
ity than  the  remaining  larger  percentage ;  a  small 


60  Back  to  the  Republic 

percentage  of  the  people  have  more  natural  in- 
ventive ability  than  the  remaining  larger  per- 
centage; a  small  percentage  have  more  natural 
medical  ability  than  the  remaining  larger  per- 
centage; a  small  percentage  of  the  people  have 
more  natural  educational  ability  than  the  remain- 
ing larger  percentage ;  a  small  percentage  of  the 
people  have  more  natural  theological  ability  than 
the  remaining  larger  percentage ;  a  small  percent- 
age of  the  people  have  more  natural  mechanical 
ability  than  the  remaining  larger  percentage;  a 
small  percentage  of  the  people  have  more  natural 
agricultural  ability  than  the  remaining  larger 
percentage,  and  a  comparatively  small  percent- 
age have  greater  governmental  ability  than  the 
remaining  larger  percentage. 

Under  the  Constitution  it  was  assumed  that 
just  as  we  select  people  with  musical  talent  to 
give  concerts,  people  with  artistic  talent  to  paint 
pictures,  people  of  inventive  ability  to  provide 
inventions,  people  of  educational  ability  as  teach- 
ers, people  of  theological  ability  as  preachers,  an 
architect  to  plan  and  supervise  the  construction 
of  a  building,  a  surgeon  to  perform  an  operation, 
an  engineer  for  engineering  work,  just  so  the 
people  would  elect  men  of  governmental  ability 
to  executive  and  legislative  positions  and  permit 
them,  in  a  representative  capacity,  to  work  out 


The  Constitution  61 

the  varied  and  oftentimes  perplexing  problems 
of  government. 

It  is  not  a  popular  statement,  but  it  is  a  fun- 
damental fact,  that  the  people  generally  know 
comparatively  little  about  governmental  prob- 
lems. While  this  statement  is  widely  at  variance 
with  the  vociferous  contentions  of  the  dema- 
gogue, it  is  a  truth  that  the  founders  of  the  re- 
public thoroughly  recognized,  and  they  acted  in 
accordance  therewith. 

To  summarize,  the  Constitution  provides  for 
(1)  an  executive  and  (2)  a  legislative  body  and 
defines  their  qualifications  and  powers.  It  re- 
quires them  to  appoint  (3)  a  judiciary  and  to 
recognize  (4)  certain  inherent  individMoL  rights, 
and  it  defines  the  powers  of  the  judiciary  and 
enumerates  the  individual  rights.  It  also  pro- 
vides that  the  people  may  vote  once  in  four  years 
for  the  executive  and  once  in  two  years  for  mem- 
bers of  the  legislative  body. 

The  Constitution  was  far  from  perfect.  The 
Electoral  College  as  a  method  of  electing  the 
President  is  an  awkward  creation  that  could  be 
much  improved.  The  enumeration  of  inherent 
individual  rights  was  incomplete,  and  the  classi- 
fication and  arrangement  of  them  could  be  im- 
proved. There  were  other  imperfections  that 
detracted,  but  it  did  provide  for  just  the  four 


62  Back  to  the  Republic 

elements  that  are  necessary  to  make  a  republic, 
and  that  is  its  mighty  virtue. 

Of  the  men  who  framed  the  Constitution  Mr. 
Thorpe,  in  his  great  work  on  the  Constitutional 
History  of  the  United  States,  says : 

"Profound  knowledge  of  all  early  plans  of 
government  of  which  history  has  record  pre- 
pared them  to  take  up  the  arduous  civil  problem 
before  them." 

After  reading  the  Constitution  the  great  Glad- 
stone said: 

"It  is  the  greatest  piece  of  work  ever  struck 
off  at  a  given  time  by  the  brain  and  purpose  of 
man." 

Gladstone  must  have  been  convinced  that  it 
provided  for  the  best  form  of  government  ever 
conceived  by  the  mind  of  man. 

The  world-famed  William  Pitt,  when  he  read 
it,  exclaimed: 

"It  will  be  the  wonder  and  admiration  of  all 
future  generations  and  the  model  of  all  future 
constitutions." 

Dictionaries  use  the  words  "model"  and 
'^standard"  synonymously.  It  would  seem  that 
Pitt  must  have  foreseen  what  this  book  is  trying 
to  make  clear.  His  was  an  exclamation  of  joy  be- 
cause of  the  mighty  achievement  of  the  founders 
of  this  republic,  but  if  Pitt  could  return  to  earth 


The  Constitution  63 

and  read  the  constitutions  of  Ohio,  Oklahoma 
and  other  States  and  note  our  numerous  depart- 
m-es  from  the  Constitution,  he  would  recognize 
his  prophecy  as  false  and  breathe  a  sigh  of  regret. 

In  his  remarkable  book,  "Why  Should  We 
Change  Our  Form  of  Government?"  which,  in 
my  opinion,  is  the  most  masterly  treatise  on  gov- 
ernment that  has  been  published  during  the  twen- 
tieth century,  Nicholas  Murray  Butler  declares: 

"The  making  of  the  American  Constitution 
was  a  stupendous  achievement  of  men  who 
through  reading,  through  reflection,  through  in- 
sight, and  through  practical  experience,  had  fully 
grasped  the  significance  of  the  huge  task  to  which 
they  devoted  themselves,  and  who  accomplished 
that  task  in  a  way  that  has  excited  the  admiration 
of  the  civilized  world.  Those  men  built  a  rep- 
resentative republic;  they  knew  the  history  of 
other  forms  of  government ;  they  knew  what  had 
happened  in  Greece,  in  Rome,  in  Venice  and  in 
Florence;  they  knew  what  had  happened  in  the 
making  of  the  modern  nations  that  occupied  the 
continent  of  Europe.  Knowing  all  this,  they  de- 
liberately, after  the  most  elaborate  debatr  and 
discussion  both  of  principles  and  details  pro- 
duced the  result  with  which  we  are  so  ft«miliar. 
.  .  .  This  government  was  founded  by  men 
whose  minds  were  fixed  upon  the  problems  in- 


64  Back  to  the  Republic 

volved  in  the  creation  of  political  institutions. 
They  were  thinking  of  liberty,  of  representative 
government,  of  protection  against  tyranny  and 
spoliation,  and  of  ways  and  means  by  which  pub- 
lic opinion  might,  in  orderly  fashion,  express 
itself  in  statute  laws,  in  judicial  judgments  and 
in  executive  acts.  The  task  of  the  founders  was 
a  political  task,  and  with  what  almost  superhu- 
man wisdom,  foresight  and  skill  they  accom- 
plished it,  is  recorded  history.  ...  It  is  a  note- 
worthy and  singular  characteristic  of  our  Amer- 
ican government  that  the  Constitution  provides 
a  means  for  protecting  individual  liberty  from 
invasion  by  the  powers  of  government  itself,  as 
well  as  from  invasion  by  others  more  powerful 
and  less  scrupulous  than  ourselves.  The  prin- 
ciples underlying  our  civil  and  political  liberty 
are  indelibly  written  into  the  Constitution  of  the 
United  States,  and  the  nation's  courts  are  insti- 
tuted for  their  protection.  ... 

"The  representative  republic  erected  on  the 
American  continent  under  the  Constitution  of 
the  United  States  is  a  more  advanced,  a  more 
just  and  a  wiser  form  of  government  than  the 
socialistic  and  direct  democracy  which  it  is  now 
proposed  to  substitute  for  it.  .  .  .  To  put  the 
matter  bluntly,  there  is  under  way  in  the  United 
States  at  the  present  time  a  definite  and  deter- 


The  Constitution  65 

mined  movement  to  change  our  representative 
republic  into  a  socialistic  democracy.  That  at- 
tempt, carried  on  by  men  of  conviction,  men  of 
sincerity,  men  of  honest  purpose,  men  of  patriot- 
ism, as  they  conceive  patriotism,  is  the  most  im- 
pressive political  factor  in  our  public  life  of 
to-day.  .  .  .  This  attempt  is  making  while  we 
are  speaking  about  it.  It  presents  itself  in  many 
persuasive  and  seductive  forms.  It  uses  attract- 
ive formulas  to  which  men  like  to  give  adhesion; 
but  if  it  is  successful,  it  will  bring  to  an  end  the 
form  of  government  that  was  founded  When  our 
Constitution  was  made  and  that  we  and  our 
fathers  and  our  grandfathers  have  known  and 
gloried  in. 

"We  began  the  destruction  of  the  fundamental 
principles  of  representative  government  in  this 
country  when  we  reduced  the  representative  to 
the  position  of  a  mere  delegate ;  when  we  began, 
as  is  now  quite  commonly  the  case,  to  instruct 
a  representative  as  to  what  he  is  to  do  when 
elected ;  when  we  began  to  pledge  him,  in  advance 
of  his  election,  that  if  chosen  he  will  do  certain 
things  and  oppose  others — 'in  other  words,  when 
we  reduced  the  representative  from  the  high, 
splendid  and  dignified  status  of  a  real  represen- 
tative chosen  by  his  constituency  to  give  it  his 
experience,  his  brains,  his  conscience  and  his  best 


66  Back  to  the  Bepublic 

service,  and  made  him  a  mere  registering  machine 
for  the  opinion  of  the  moment,  whatever  it  might 
happen  to  be." 

That  is  a  remarkably  strong  statement  of  what 
our  heritage  was  and  a  solemn  warning  against 
the  dangers  toward  which  we  have  been  drifting. 

During  an  address  on  "The  Constitution  be- 
tween Friends"  delivered  before  the  Missouri 
Bar  Association  at  Kansas  City,  Missouri,  Sep- 
tember 26th,  1913,  Henry  D.  Estabrook  paid  a 
magnificent  tribute  to  the  Constitution  as 
follows : 

"And  so,  on  this  great  continent,  which  God 
had  kept  hidden  in  a  little  world — ^here,  with  a 
new  heaven  and  a  new  earth,  where  former  things 
had  passed  away,  the  people  of  many  nations,  of 
various  needs  and  creeds,  but  united  in  heart  and 
soul  and  mind  for  the  single  purpose,  builded  an 
altar  to  Liberty,  the  first  ever  built,  or  that  ever 
could  be  built,  and  called  it  the  Constitution  of 
the  United  States.  .  .  . 

"O  marvelous  Constitution!  Magic  parchment, 
transforming  word,  maker,  monitor,  guardian  of 
mankind!  Thou  hast  gathered  to  thy  impartial 
bosom  the  peoples  of  the  earth,  Columbia,  and 
called  them  equal.  Thou  hast  conferred  upon 
them  imperial  sovereignty,  revoking  all  titles  but 
that  of  man.    Native  and  exotic,  rich  and  poor, 


The  Constitution  67 

good  and  bad,  old  and  young,  the  lazy  and  the 
industrious,  those  who  love  and  those  who  hate, 
the  mean  and  lowly,  the  high  and  mighty,  the 
wise  and  the  foolish,  the  prudent  and  the  im- 
prudent, the  cautious  and  the  hasty,  the  honest 
and  the  dishonest,  those  who  pray  and  those  who 
curse — these  dre  'We,  the  people  of  the  United 
States' — these  are  God's  children — these  are  thy 
rulers,  O  Columbia.  Into  our  hands  thou  hast 
committed  the  destinies  of  the  human  race,  even 
to  the  omega  of  thine  own  destruction.  And  all 
thou  requirest  of  us  before  we  o'erstep  boun- 
daries blazed  for  guidance  is  what  is  required  of 
us  at  every  railroad  crossing  in  the  country: 
'Stop.  Look.  Listen.'  Stop  and  think.  Look 
before  and  after  and  to  the  right  and  left.  Lis- 
ten to  the  voice  of  reason  and  to  the  small,  still 
voice  of  conscience.  .  .  . 

"If  the  zealot,  impatient  of  the  wise  caution 
and  delay  enjoined  by  the  Constitution,  would 
break  down  its  barriers  to  hasty  action,  he  should 
be  compelled,  if  only  as  a  penance,  to  study  the 
Constitution  and  to  know  all  the  circumstances 
out  of  which  it  grew,  the  quality  of  the  men  who 
fashioned  it,  as  well  as  the  quality  of  the  work 
accomplished  by  them.  He  should  be  taught 
these  things  in  school.  We  have  deposed  the 
Bible  in  our  public  schools ;  would  any  American 


68  Back  to  the  Republic 

object  if  we  substituted  the  Constitution?  Why- 
should  our  schools  have  a  'Flag  Day'?  Why 
should  a  teacher  point  her  pupil  to  the  flag  and 
the  stars  enskied  in  it,  as  the  symbol  of  human 
liberty,  without  telling  him  of  the  tremendous 
Law  that  put  each  star  in  its  place  and  keeps  it 
there?  I  would  fight  for  every  line  in  the  Con- 
stitution as  I  would  for  every  star  in  the  flag, 
for  flag  and  Constitution  will  live  or  die  to- 
gether. .  .  . 

"I  know  not  if  the  times  are  ripe,  or  if  events 
are  merely  gathering  to  a  head;  but  soon  there 
must  come  someone — some  Washington  in  the 
field  or  some  Marshall  in  the  forum — who  will 
sound  a  trumpet  that  will  once  more  rally  us  to 
the  defense  of  the  Law." 

Events  have  gathered  to  a  head  in  this  the 
greatest  of  all  war  crises.  The  time  is  ripe  for 
the  people  of  the  world  to  understand  that  the 
Constitution  provided  for  the  four  elements  that 
constitute  a  republic  and  for  nothing  more.  In 
this  book  I  am  trying  "to  sound  a  trumpet"  that 
will  rally  us  to  a  clearer  understanding  and  a 
more  accurate  use  of  governmental  terms,  which 
is  the  all-important  first  step  toward  the  "defense 
of  the  Law,"  getting  back  to  the  republic  and 
grappling  wisely  and  successfully  with  this  grave 
national  and  international  situation. 


Chapter  VI 

DANGEROUS  EXPERIMENTS 

A  LL  variations  from  a  strict  and  literal  adher- 
ence  to  the  plan  and  form  of  government 
provided  by  the  Constitution  have  been  dangerous 
experiments  to  this  country  and  mischievous  in 
their  influence  upon  the  world,  and  every  evil 
from  which  we  suffer  governmentally  today  can 
be  traced  directly  to  a  departure  from  the  Con^ 
stitution. 

Our  most  serious  departure  and  variance 
from  the  standard  form  of  government  was  be- 
gun when  the  people  of  the  various  States  failed 
to  follow  the  plan  of  the  Federal  Constitution 
and  included  in  their  constitutions  material  that 
properly  should  have  been  statutory  enactments, 
and  when  they  provided  in  the  State  constitutions 
for  the  election  of  officials  other  than  the  execu- 
tive and  members  of  the  legislative  body. 

The  election  of  any  official  by  popular  vote, 
aside  from  the  executive  and  members  of  the  leg- 
islative body,  is  a  violation  and  a  dangerous  ex- 
periment which  has  brought  disastrous  results 

69 


70  Back  to  the  Republic 

throughout  the  States.  The  moment  that  the 
people  take  it  upon  themselves  to  elect  heads  of 
departments  and  officials  other  than  the  execu- 
tive and  members  of  the  legislative  body,  they 
release  the  executive  and  legislative  body  from 
full  responsibility  for  the  quality  of  public  serv- 
ice. It  has  been  done  to  some  extent  in  all  of 
the  States  and  was  the  first  fatal  step  in  merging 
the  State  governments,  from  republics,  as  guar- 
anteed by  the  Constitution,  toward  democracies, 
resulting  in  useless  expenditures,  excessive  leg- 
islation and  chaotic  administration. 

How  long  do  you  think  this  government  would 
have  lasted  if  the  Constitution  had  provided  for 
the  election  of  the  judges  of  the  Federal  courts, 
or  for  the  election  of  members  of  the  Cabinet  who 
serve  as  heads  of  departments  ? 

That  departure  and  experiment  is  responsible 
for  all  forms  of  the  long  ballot  instead  of  the 
short  ballot  provided  for  by  the  Constitution  and 
for  which  we  are  now  clamoring,  while  at  the 
same  time  making  it  impossible;  responsible  for 
the  expenditure  of  billions  of  dollars  in  money, 
and  responsible  for  our  having  now  ai\d  having 
had  since  the  time  of  our  departure  from  the 
constitutional  plan  much  less  competent  men  in 
the  public  service  than  if  we  had  adhered  to  the 
standard  form  and  permitted  the  executive  and 


Dangerous  Experiments  71 

legislative  body  in  the  State,  county  and  city  to 
appoint  the  judiciary  and  all  other  officials. 

It  is  a  gross  error  to  provide  for  the  election  of 
judges  under  any  form  of  government.  There 
is  no  issue  that  a  candidate  for  judge  can  raise 
in  a  campaign.  The  very  name  of  the  office 
means  that  he  is  to  decide  matters  in  accordance 
with  the  law  and  the  evidence. 

Our  Federal  judiciary,  which  is  appointed,  has 
been  much  better  and  stronger  than  it  would  have 
been  had  the  Constitution  provided  for  its  elec- 
tion. As  a  proof  of  this,  several  States  where 
the  judiciary  is  appointed  have  a  higher  grade 
of  judges  who  do  a  much  better  quality  of  work 
than  is  done  in  States  where  judges  are  elected. 

Why  should  an  aspirant  for  attorney  general 
go  before  the  people  and  discuss  the  kind  of  opin- 
ions that  will  be  rendered  ?  Opinions  should  and 
must  be  based  upon  the  law  and  facts. 

Why  should  a  candidate  for  State,  county  or 
city  treasurer  go  before  the  people  and  discuss 
the  custody  of  public  funds  ?  It  is  a  self-evident 
proposition  that  public  funds  should  be  ac- 
counted for  honestly. 

Why  should  a  candidate  for  auditor,  clerk  or 
recorder  go  before  the  people  and  discuss  how 
accounts  or  records  will  be  kept?  There  is  only 
one  way  to  keep  records,  and  that  is  accurately. 


72  Bach  to  the  Republic 

Why  should  a  candidate  for  prosecuting  at- 
torney, or  sheriiF,  or  county  coroner  make  a  cam- 
paign ?  These  officials  are  generally  placed  under 
obligations  during  the  campaign  that  lessen  the 
efficiency  of  their  service  after  election. 

The  appointment  of  every  board  that  has 
ever  been  named  since  the  Constitution  was 
adopted  marks  a  departure  from  the  standard 
form  of  government  and  a  dangerous  experi- 
ment, and  the  existence  of  all  boards  has  served 
merely  to  increase  expenses,  lessen  the  efficiency 
of  pubhc  service  and  confuse  the  administration 
of  government. 

Alexander  Hamilton,  to  whom  we  owe  more 
than  to  any  other  single  individual  for  the  stand- 
ard form  of  government,  and  to  whom  the  world 
owes  more  than  to  any  one  else  for  enlightenment 
in  the  field  of  political  science,  sounded  a  warn- 
ing note  when  this  dangerous  experiment  was 
first  instituted  in  this  country.     He  said: 

"Lately  Congress  .  .  .  have  gone  into  the 
measure  of  appointing  boards,  but  this,  in  my 
opinion,  is  a  had  plan/' 

All  commissions  that  have  been  appointed 
since  the  Constitution  was  adopted  were  depar- 
tures and  dangerous  experiments,  and  their  ex- 
istence has  resulted  in  the  expenditure  and  waste 
of  billions  of  dollars,  lessened  the  efficiency  of 


Dangerous  Experiments  78 

public  service,  and  confused  governmental  pro- 
cedure. 

Abraham  Lincoln,  to  whom  we  owe  more  than 
to  any  other  single  individual  for  the  preserva- 
tion of  the  republic,  expressed  in  no  uncertain 
terms  his  opinion  of  boards  and  commissions. 
Just  before  Lincoln  started  for  the  Ford  The- 
ater, on  the  night  of  his  assassination,  Mr.  Ash- 
mun,  who  had  presided  over  the  convention  of 
1860,  in  which  Lincoln  was  nominated  for  Presi- 
dent, called  at  the  White  House.  He  told  Mr. 
Lincoln  that  he  still  had  the  gavel  which  he  had 
wielded  in  that  convention,  and  after  a  few  mo- 
ments* conversation,  he  said:  "Mr.  Lincoln,  I  am 
interested  in  a  cotton  claim,  and  I  want  you  to 
appoint  a  commission  to  investigate  the  matter 
and  report."  Lincoln  replied,  with  so  much 
earnestness  and  warmth  that  he  afterwards  apol- 
ogized to  Mr.  Ashmun  for  his  abrupt  manner: 

"Ashmun,  /  have  done  with  commissions.  I 
think  they  are  contrivances  to  cheat  the  gov- 
ernment." 

I  am  glad  that  Lincoln  uttered  those  words  in 
the  very  ripeness  of  his  experience,  the  maturity 
of  his  judgment  and  the  fullness  of  his  wisdom. 
It  was  Lincoln's  last  expression  concerning  gov- 
ernment, and  I  think  by  far  the  most  important 
of  all  his  great  utterances.     Would  that  these 


74  Back  to  the  Republic 

words  might  be  displayed  all  over  the  world  in 
letters  of  gold  by  day  and  with  moving  electric 
lights  by  night  as  the  last  solemn  warning  of  the 
mighty  Lincoln  against  the  wholesale  appoint- 
ment of  commissions,  which  is  one  of  the  evil 
tendencies  of  the  present  time. 

As  people  come  to  know  that  Lincoln  spoke 
those  words  and  come  to  miderstand  the  full  piu*- 
port  of  their  meaning,  the  spirit  of  the  great 
Emancipator  will  live  on,  freeing  the  world  from 
a  dangerous  experiment  that  is  weakening  the 
effectiveness  of  our  goveiTiment  and  undermin- 
ing the  efficiency  of  Other  governments  through- 
out the  world. 

It  would  take  many  large  volumes  to  review 
the  expenditures  and  failures  of  the  various 
boards  and  commissions  that  are  gradually 
wrecking  the  republic . 

The  Inter-State  Commerce  Commission  was 
heralded  as  an  innovation  that  was  to  do  great 
things.  Its  net  result  has  been  the  expenditure 
of  millions  of  dollars  wastefully  while  it  made 
unreasonable  rulings  that  retarded  the  extension 
of  railroad  tracks  and  the  building  of  cars,  so  that 
today  the  service  does  not  meet  the  demand.  Sev- 
eral roads  have  been  wrecked  and  innocent  in- 
vestors have  lost  their  money.  Confidence  has 
been  shaken  in  railroad  securities  so  that  they  are 


Dangerous  Experiments  75 

a  drug  upon  the  market,  and  now  the  same  agi- 
tators and  newspapers  who  were  clamoring  for 
control,  destruction  and  punishment  of  the  rail- 
roads are  asking  that  their  rates  be  increased, 
that  they  be  given  a  chance,  that  they  actually  re- 
ceive charitable  assistance  from  the  government. 

In  this  great  war  crisis  commissions  are  being 
added  and  multiplied  instead  of  subtracted  and 
divided  as  they  should  be.  It  was  the  purpose 
of  the  Constitution  that  all  governmental  work 
aside  from  the  legislative  and  judicial  branches 
should  be  performed  by  heads  of  departments 
and  their  subordinates,  and  that  we  should 
be  represented  abroad  by  ambassadors,  ministers 
or  consuls. 

When  Franklin  went  to  France  in  the  early 
days,  he  went  alone  as  an  ambassador  with  a  def- 
inite message,  that  of  soliciting  military  and 
financial  aid  from  France.  When  he  had  made 
his  appeal  to  the  French  government  he  secured 
favorable  action.  I  want  to  ask  you,  dear  reader, 
what  you  think  the  result  would  have  been  if 
Franklin  had  been  serving  on  a  commission  of 
five  or  more  men  and  they  had  all  gone  together, 
and  after  he  had  finished  making  his  appeal  he 
had  then  said :  "We  have  with  us  also  Mr.  Brown, 
who  will  now  present  the  matter."  Mr.  Brown 
in  presenting  the  matter  would  doubtless  have 


76  Back  to  the  Republic 

made  some  variance  from  Franklin's  presenta- 
tion. If,  when  Mr.  Brown  had  finished,  he  had 
then  said:  "We  have  with  us  Mr.  Jones,  who 
will  now  present  the  matter,"  Mr.  Jones  would 
doubtless  have  made  some  variance  in  his  pres- 
entation between  that  of  Mr.  Franklin  and  Mr. 
Brown.  If,  after  Mr.  Jones  had  finished,  he  had 
then  said :  "We  have  also  with  us  Mr.  Smith,  who 
will  present  the  matter,"  Mr.  Smith  doubtless 
would  have  made  some  variance  from  the  other 
three.  If,  when  Mr.  Smith  had  finished,  he  had 
then  said:  "We  have  also  with  us  Mr.  White, 
who  will  now  present  the  matter,"  Mr.  White 
would  no  doubt  make  some  variance  from  the 
presentations  of  the  other  four. 

Don't  you  think  the  officials  of  France  would 
have  been  somewhat  confused  at  the  close  of  the 
presentations  and  would  have  suggested  that  the 
commission  return  to  America  and  they  would 
think  the  matter  over?  Upon  a  comparison  of 
the  variances  in  the  several  presentations  they 
would  conclude  that  it  would  perhaps  be  better 
to  do  nothing,  or  to  have  another  session  at  some 
future  time,  and  we  would  have  had  the  privilege 
of  paying  the  salaries  and  expenses  of  five  with- . 
out  securing  the  desired  result.  In  addition,  there 
would  have  been  the  danger  that  each  man,  in 
his  ambition  to  be  the  big  man  on  the  commission. 


Dangerous  Experiments  77 

would  feel  the  necessity  of  slightly  discrediting 
the  other  four. 

This  is  one  of  many  illustrations  that  might  be 
given,  and  the  pity  is  we  are  growing  worse  in- 
stead of  better  in  this  regard. 

Suppose  that  when  President  Wilson  called 
Elihu  Root  to  Washington  and  asked  him  to  go 
on  a  commission  with  Russell,  who  had  been  as- 
saulting our  institutions  for  many  years,  and 
other  men  who  had  no  concept  of  the  meaning 
of  a  republic,  Mr.  Root  had  said:  "Mr.  Pres- 
ident, I  am  seventy-two  years  old  and  willing  to 
undertake  this  hazardous  journey,  but  if  I  go, 
I  must  go  alone  as  an  ambassador,  as  Franklin 
went  to  France,  and  I  must  go  with  a  definite 
message  that  must  have  your  approval  before  I 
start,  and  no  interference  after  I  leave.  That 
message  will  be  the  Constitution  of  the  United 
States  translated  into  the  Russian  language. 
Upon  my  arrival  I  will  ask  that  the  Constitution 
be  read  in  the  Russian  language  to  those  who 
are  assembled  to  consider  the  new  government 
for  Russia.  After  the  reading  of  the  Constitu- 
tion, I  will  ask  for  an  interpreter,  through  whom 
I  will  say  that  this  Constitution  provided  for  the 
first  form  of  government  that  ever  worked  well, 
and  that,  if  they  wish  to  utilize  its  teachings  in 
working  out  their  problems,  I  will  be  glad  to  be 


78  Bach  to  the  Republic 

of  such  service  as  I  can;  if  not,  that  I  will  return 
home,  leaving  that  definite  message  with  them  to 
make  use  of  when  they  have  exhausted  the  dan- 
gerous experiments  in  which  they  are  engaged." 

That  would  have  sounded  a  clear  note,  and  if 
Mr.  Root  had  gone  under  those  conditions,  he 
would  have  given  Russia  a  clear,  definite  and  con- 
structive message.  But  instead  we  sent  a  large 
commission,  at  great  expense,  without  a  definite 
message,  and  the  result  is,  to  say  the  least,  ex- 
tremely unsatisfactory. 

The  judgment  displayed  in  sending  Root  and 
Russell  together  on  a  governmental  mission  was 
as  unsound  as  it  would  have  been  to  send  Dwight 
L.  Moody  and  Bob  Ingersoll  together  to  put  on 
an  evangelistic  campaign,  or  to  have  sent  Jim 
Hill  and  Eugene  V.  Debs  together  to  manage 
the  construction  of  a  railway  system. 

All  so-called  efficiency  commissions  with  which 
I  am  familiar — and  I  have  had  years  of  experi- 
ence in  the  public  service — remind  me  of  the 
ironical  definition  given  by  Job  Hedges,  that 
"efficiency  is  letting  some  one  else  run  your  busi- 
ness as  they  want  to  at  your  expense."  Effi- 
ciency, like  the  word  liberty,  has  been  overworked 
by  impostors. 

Civil  service  commissions  were  heralded  as 
agencies  that  would  usher  in  the  millennium  of 


Dangerous  Experiments  79 

efficient  governmental  service,  but  the  result  of 
their  work  has  been  quite  largely  to  fasten  upon 
the  payroll  hundreds  of  employes  who  contribute 
little  to  the  public  service  and  many  of  whom 
are  guilty  of  indifference  and  insubordination. 
Those  who  have  rendered  good  service  would  have 
done  so  without  the  protection  of  a  civil  service 
commission.  These  commissions  may  well  be  de- 
fined as  plagues  on  the  body  politic  which  dissem- 
inate the  genn  that  produces  the  tired  feeling. 

During  the  first  forty  years  of  this  republic, 
when  there  were  no  civil  service  commissions,  pub- 
lic-service appointees  (except  those  with  spe- 
cified limit  of  tenure)  were  retained  during  good 
behavior.  So  rarely  were  they  removed  that  there 
was  a  total  of  less  than  one  hundred  changes 
during  the  forty  years  prior  to  the  administration 
of  Andrew  Jackson.  He  was  inoculated  with 
the  spirit  of  democracy  and  the  characteristics 
of  the  demagogue.  So  slight  was  his  conception 
of  the  plan  and  purpose  of  the  republic  that  he 
arbitrarily  dismissed  hundreds  of  faithful,  well 
equipped  public- service  appointees  and  replaced 
them  with  his  personal  followers  without  regard 
to  fitness  or  the  public  welfare. 

The  executive  and  the  members  of  the  legis- 
lative body,  who  are  held  responsible  for  the 
quality  of  public  service  during  their  term  of 


80  Bach  to  the  Republic 

office,  should  have  the  power  to  designate  who 
the  public-service  employes  should  be.  There- 
fore the  people  should  exercise  the  greatest  care 
in  selecting  those  who  shall  have  the  appointive 
power. 

In  our  great  industrial  institutions  it  does  not 
follow  that  a  change  of  administration  is  fol- 
lowed by  a  wholesale  dismissal  of  the  employes  of 
those  institutions.  On  the  contrary,  compar- 
atively few  changes  occur.  It  is  interesting  to 
note  how  closely  the  republic  corresponds  in  op- 
eration to  the  corporation.  In  a  corporation 
there  are  an  executive  and  a  board  of  directors, 
who,  working  together,  have  all  power  of  ap- 
pointment, all  power  of  making  regulations  and 
all  power  of  financing. 

The  great  proportion  of  our  ablest  men  dur- 
ing recent  years  have  entered  the  business  world, 
where  they  have  been  more  or  less  indiif  erent  to 
the  aifairs  of  government.  This  great  crisis, 
however,  has  aroused  them  to  splendid  coopera- 
tion, and  they  are  now  thinking  about  patriotism 
and  public  service. 

I  would  like  to  ask  the  business  men  what  would 
happen  to  their  institutions  if,  instead  of  sending 
out  salesmen  with  a  definite  purpose  of  selling 
goods,  they  should  send  out,  to  visit  their  cus- 
tomers, commissions  without  any  definite  pur- 


Dangerous  ExperimenU  81 

pose,  who  nevertheless  were  guaranteed  large  sal- 
aries and  liberal  expense  accounts. 

Would  it  be  wise  for  business  men  to  submit  to 
the  popular  vote  of  the  men  in  the  factory  the 
question  as  to  whether  or  not  an  additional  build- 
ing should  be  added  to  the  plant? 

What  would  happen  if  they  made  it  a  custom, 
after  the  appointment  of  a  master  mechanic  or 
head  of  a  department,  to  take  a  referendum  vote 
of  the  employes  and  the  stockholders  as  to 
whether  or  not  he  should  retain  his  position? 

There  has  been  a  disposition  on  the  part  of  a 
large  percentage  of  employes  to  encourage  de- 
partures from  the  republic;  to  try  to  coerce  can- 
didates into  making  pledges  before  election;  to 
try  to  influence  legislation  by  threatening  to 
throw  the  union  vote  against  a  representative  who 
is  trying  to  be  fair  in  the  enactment  of  laws. 

Any  effort  toward  class  legislation  or  class  di- 
vision is  an  appeal  to  passion,  prejudice  or  cupid- 
it}'.  It  is  the  work  of  demagogues,  be  they  labor 
leaders,  politicians  or  so-called  social- justice  re- 
formers. The  spirit  of  a  republic  is  to  recognize 
the  equality  of  all  before  the  law. 

Unions  have  a  right  to  organize  and  fix  a 
scale  of  wages,  and  my  sympathy  is  with  them, 
so  long  as  they  do  not  molest  the  rights  of  persons 
or  the  rights  of  property,  but  they  have  no  right 


82  Back  to  the  Republic 

to  destroy  property  or  to  do  bodily  harm  to  pre- 
vent individuals  from  working  where  they  please, 
when  they  please,  and  for  what  they  please. 

Much  credit  for  increasing  wages  has  been 
given  labor  leaders  and  unions  which  they  do  not 
deserve. 

The  price  of  eggs  has  advanced  as  rapidly  as 
wages  have  increased,  but  the  hens  have  no 
unions.  The  prices  of  milk,  butter  and  cheese 
have  advanced  as  rapidly  as  wages  have  in- 
creased, but  the  milch  cows  have  no  unions.  The 
price  of  clothing  has  advanced  as  rapidly  as 
wages  have  increased,  but  cotton  and  wool  have 
no  unions.  We  have  simply  lessened  the  pur- 
chasing power  of  the  dollar  through  the  inflation 
of  values.  The  law  of  supply  and  demand  is  sure 
to  work,  because  it  was  divinely  made,  and  it  is 
as  certain  as  the  law  of  gravitation,  the  law  of 
growth  or  the  law  of  life. 

Employes  should  remember  that  the  republic 
was  the  first  form  of  government  that  gave  labor 
a  chance.  The  worst  year  for  labor  in  the  United 
States  was  better  than  the  best  year  for  labor 
in  any  other  country  in  the  history  of  the  world. 
The  republic  was  the  first  form  of  government 
that  made  it  possible  for  the  section  hand  to  be- 
come president  of  a  railroad,  a  clerk  to  become 
president  of  a  bank,  a  farm  boy  to  become  Gov- 


Dangerous  Experiments  83 

ernor  of  his  State,  a  rail-splitter  to  become  Pres- 
ident of  the  republic;  not  because  he  was  a  clerk, 
a  section  hand,  a  farm  boy  or  a  rail-sphtter,  but 
because  he  developed  body,  mind  and  character 
sufficient  to  make  him  worthy  of  such  responsi- 
bility. 

All  employes  in  this  country,  for  their  own  sake 
and  the  good  of  posterity,  should  uphold  the 
rights  of  person  and  the  rights  of  property  as 
sacred. 

Women  who  are  taking  on  the  added  duties  of 
citizenship  should  be  the  last  to  encourage  depar- 
tures from  the  republic.  As  one  who  has  consist- 
ently championed  the  cause  of  equal  suffrage  for 
twenty-four  years  and  did  it  fearlessly  when  it 
was  less  popular  than  now,  I  have  been  chagrined 
during  recent  years  at  the  manner  in  which  some 
women  have  urged  dangerous  experiments  and 
applauded  the  fallacies  of  the  flattering  dema- 
gogue. Women  should  remember  that  the  re- 
public was  the  first  form  of  government  under 
which  they  were  permitted  to  enter  colleges  and 
universities  and  enjoy  the  rights  of  property  and 
the  rights  of  person. 

Excessive  and  foolish  legislation  will  not  bring 
the  millennium,  nor  can  the  government  success- 
fully assume  the  functions  of  the  home,  the 
school  or  the  church.     Women  should  be  less 


84  Bach  to  the  Republic 

active  in  mischievous  agitation  and  strive  for  & 
better  understanding)  of  the  Constitution,  the 
meaning  of  a  republic  and  the  purposes  of  the 
founders  of  this  government. 

1  would  like  to  ask  the  educators  in  our  col- 
leges and  universities  a  few  questions. 

Would  it  be  wise  for  the  president  and  trustees, 
after  they  had  appointed  the  heads  of  depart- 
ments and  the  members  of  the  faculty,  to  call  in 
a  dictator  or  a  commission  to  determine  what 
courses  of  study  should  be  pursued  by  the  student 
body? 

What  effect  would  it  have  on  discipline  in 
the  university  if  it  were  provided  that  the  stu- 
dent body  could  take  a  referendum  vote  to  de- 
termine the  question  as  to  whether  or  not  a  regu- 
larly appointed  instructor  should  retain  his  posi- 
tion or  be  recalled? 

Would  it  be  advisable  to  allow  the  students  to 
take  up  through  the  initiative  the  question  of 
whether  or  not  they  should  pay  tuition? 

What  would  be  the  result  of  such  procedure  in 
our  educational  institutions? 

Consideration  of  these  questions  suggests  anal- 
ogies to  what  is  happening  in  the  administration 
of  government  through  the  appointment  of 
boai'ds  and  commissions,  the  initiative,  referen- 
dimi,  recall,  government  ownership,  socialistic 


Dangerous  Expenments  85 

doctrines  and  anarchistic  heresies  —  all  danger- 
ous weapons  in  the  hands  of  demagogues  for 
mischief -ma  king. 

Lincoln  gave  a  very  good  definition  of  boards 
and  commissions  when  he  said:  "I  think  they 
are  contrivances  to  cheat  the  government."* 

Socialism  is  that  phase  of  democracy  which 
negates  property  rights. 

Anarchy  is  that  phase  of  democracy  which  ne- 
gates law. 

The  initiative  is  that  phase  of  democracy 
which  makes  it  possible  for  the  infuriated  mob, 
under  the  leadership  of  the  demagogue,  to  enact 
legislation. 

The  referendum  is  that  phase  of  democracy 
which  assumes  that  the  minority  should  rescind 
impulsively  at  a  special  election  the  deliberate 
action  of  the  majority  at  a  regular  election. 

The  judicial  recall  is  that  phase  of  democracy 
which  makes  it  possible  to  take  a  case  from  the 
courtroom,  where  it  may  be  decided  in  accordance 
with  the  law  and  the  evidence,  to  the  street-cor- 
ners, where  the  agitators  may  appeal  to  passion 
and  prejudice. 

Government  ownership  is  that  phase  of  democ- 
racy which  assumes  that  government  should  nofc 
mind  its  own  business. 

We  should  at  once  abandon  all  of  these  dan* 


86  Back  to  the  Republic 

gerous  experiments  by  discharging  every  board 
and  commission  that  has  been  created  and  by  re- 
pealing all  statutory  enactments  that  have  pro- 
vided for  the  initiative,  referendmn  and  recall 
in  any  of  the  several  States.  We  should  avoid 
the  dangers  of  socialism  and  anarchy  and  govern- 
ment ownership  as  perils  that  threaten  to  shake 
the  very  foundation  of  the  republic. 

The  thought  that  I  wish  to  make  clear  is  that 
our  national  government  has  grown  weaker, 
more  inefficient,  more  ineffective,  more  chaotic 
and  more  wasteful  of  public  money  than  it  other- 
wise might  have  been,  just  in  proportion  as 
through  the  creation  of  boards,  commissions,  dic- 
tators, excess  legislation,  etc.,  we  have  departed 
from  and  failed  to  adhere  strictly  and  literally 
to  the  standard  form,  the  golden  mean,  the  re- 
pubUc. 

Our  State  governments  are  weaker,  more  in- 
efficient, more  ineffective,  more  chaotic  and  more 
wasteful  of  public  funds  than  they  otherwise 
might  have  been,  just  in  proportion  as  they  have 
failed  to  adopt  the  standard  form  or  have  failed 
to  require  that  it  be  strictly  and  literally  adhered 
to,  instead  of  putting  statutory  material  into  our 
State  constitutions  providing  for  the  election  of 
officials  other  than  the  executive  and  members 
of  the  legislative  body,  appointing  boards  and 


Dangerous  Experiments  87 

commissions,  and  creating  other  agencies  that 
merely  result  in  increasing  expenses  and  con- 
fusing governmental  procedure. 

Our  county  and  city  governments  are  weaker, 
more  inefficient,  more  ineffective,  more  chaotic 
and  more  wasteful  of  public  funds  than  they 
otherwise  might  have  been,  just  in  proportion 
as  the  State  governments  have  failed  to  provide 
for  them  the  standard  form  and  to  require  that 
it  be  strictly  and  literally  adhered  to. 

All  foreign  governments  are  weaker,  more  in- 
efficient, more  ineffective,  more  chaotic  and  more 
wasteful  of  pubhc  funds  than  they  otherwise 
might  have  been,  just  in  proportion  as  they  have 
failed  to  comprehend  and  adapt  the  standard 
form  to  their  governments  and  to  require  that  it 
be  strictly  and  literally  adhered  to. 

All  minor  political  divisions  of  all  foreign 
countries  are  weaker,  more  inefficient,  more  in- 
effective, more  chaotic  and  more  wasteful  of  pub- 
lic funds  than  they  otherwise  might  have  been, 
just  in  proportion  as  foreign  governments  have 
failed  to  provide  the  standard  form  and  to  re- 
quire that  it  be  strictly  and  literally  adhered  to. 

Unfortunately,  a  very  large  proportion  of  our 
public  officials  during  the  past  twenty-five  years 
have  been  demagogues  who  have  had  little  concept 
of  the  meaning  of  a  republic.    They  have  substi- 


88  Btwh  to  the  Republic 

tuted  personality  for  principle,  preachments  for 
practice,  pretense  for  performance,  agitation  for 
achievement,  invective  for  ingenuity,  experiment 
for  execution,  rashness  for  restraint,  rhetoric  for 
results,  and  coercion  for  the  Constitution. 

Why  not  open  our  eyes  to  these  self-evident 
truths,  stop  electing  demagogues  to  public  office 
and  avoid  the  quicksands,  whirlpools  and  preci- 
pices of  dangerous  experiments? 


Chapter  VII 

THE  SHORT  BALLOT 

npHE  only  way  to  secure  the  short  ballot  is  to 
make  the  ballot  short.  The  Constitution 
provided  for  a  short  ballot.  The  republic  itself 
is  the  short-ballot  plan. 

The  short  ballot  necessitates  divesting  the 
form  of  government  of  all  elective  officials  other 
than  the  executive  and  members  of  the  legislative 
body  and  abandoning  all  forms  of  the  initiative^ 
referendum  and  recall. 

Nearly  all  of  the  short-ballot  proclaimers  are 
rabid  advocates  of  all  manner  of  propaganda 
that  makes  the  ballot  long.  At  a  so-called  na- 
tional convention  held  recently  at  the  Sherman 
House  in  Chicago  for  the  ostensible  purpose  of 
organizing  a  new  political  party,  the  self-ap- 
pointed delegates  of  that  convention  resolved  in 
favor  of  the  short  ballot  and  in  the  next  breath 
declared  in  favor  of  the  initiative,  referendum 
and  recall.  Their  conduct  was  about  as  consist- 
ent as  it  would  be  for  delegates  to  a  prohibition, 
convention  to  shout  for  temperance  and  then  guz- 
zle whiskey  between  shouts. 

89 


90  Back  to  the  Republic 

We  have  four  types  of  government  in  this 
country:  national,  State,  county  and  city.  Each 
has  separate  and  distinct  functions  to  perform, 
and  yet  we  are  in  a  constant  turmoil  of  confu- 
sion because  we  do  not  consider  them  one  at  a  time 
and  also  make  each  type  adhere  strictly  to  the 
standard  form.  We  carry  on  national,  State, 
county  and  city  elections  at  one  and  the  same 
time,  so  that  the  issues  are  confused  and  candi- 
dates for  local  office  are  carried  through  on  the 
national  ticket  regardless  of  fitness  or  standing 
on  local  questions. 

It  is  high  time  that  we  should  undertake  the 
adoption  of  a  clear,  concise,  comprehensive  and 
constructive  plan  that  would  make  for  economy 
of  energy  and  expense ;  for  real  efficiency  in  serv- 
ice and  administration;  for  effectiveness  in  ex- 
pressing the  will  of  the  people  and  securing 
results  that  mean  real  progress. 

The  following  plan,  if  carried  out,  would  ac- 
complish that  and  secure  the  short  ballot : 

Separate  the  affairs  of  nation.  State,  county 
and  city  and  consider  one  type  of  government 
each  year. 

Fix  a  time  for  holding  one  primary  and  one 
election  each  year,  as  indicated  in  the  outline 
which  is  here  presented : 


The  Short  Ballot 


91 


Primary  Day 

1924 — Hold  primaries  of  all 
parties  to  select  delegates 
to  attend  National  Con- 
vention to  nominate  Presi- 
dent and  Vice-President, 
and  delegates  to  attend 
congressional  conventions 
and  nominate  congressmen. 

1925 — Hold  primaries  of  all 
parties  to  select  delegates 
to  attend  State  Conven- 
tions and  nominate  Gover- 
nor and  Lieutenant  Gover- 
nor and  delegates  to  at- 
tend district  conventions 
to  nominate  condidates  for 
the  State  Legislature. 

1926 — Hold  primaries  to 
select  delegates  to  attend 
•Coimty  Conventions  and 
nominate  candidates  for 
President  and  members  of 
the  County  Board,  and 
delegates  to  attend  con- 
gressional conventions  and 
nominate     congressmen. 

1927 — Hold  primaries  to 
select  delegates  to  attend 
City  Convention  to  nomi- 
nate Mayor,  and  delegates 
to  attend  ward  conven- 
tions to  nominate  alder- 
men, and  delegates  to  at- 
tend district  conventions 
Note. — Article  XVII,  amending  the  Federal  Constitution 

to  provide  for  direct  election  of  U.  S.  Senators,  should  be 

repealed  and  the  original  plan  provided  by  the  Constitution 

should  be  restored. 


to   nominate   members   of 
the  State  Legislature. 

Election  Day 

1924 — Hold  national  elec- 
tion to  elect  a  President 
and  Vice-President  and 
members  of  Congress  who 
shall  have  power  to  ap- 
point all  other  public  offi- 
cials of  tha  national  gor- 
ernment. 

1925 — Hold  State  election 
to  elect  a  Governor  and 
Lieutenant  Governor  and 
members  of  the  State 
Legislature  who  shall 
have  power  to  appoint  all 
other  public  oflScials  of  the 
State  government, 

1926 — Hold  county  election 
to  elect  President  and 
members  of  the  County 
Board,  who  shall  have 
power  to  appoint  all  other 
public  officials  of  the  coun- 
ty government,  and  to  elect 
members  of  Congress. 

1927 — Hold  city  election  to 
elect  Mayor  and  members 
of  the  City  Council,  who 
shall  have  power  to  ap- 
point all  other  public  offi- 
cials of  the  city  govern- 
ment, and  to  elect  members 
of  the  State  Legislature. 


92  Back  to  the  Republic 

If  the  State  governments  would  repeal  the 
confused  primary  and  election  laws  which  are 
now  upon  the  statute  books  and  each  State  would 
enact  a  primary  and  election  law  somewhat  in 
accord  with  the  foregoing  plan,  it  would  save 
much  time  and  money  which  is  being  wasted  by 
electors  and  taxpayers  and  would  greatly  reduce 
the  danger  of  demagogues  and  encourage  the 
selection  of  much  better  public  officials. 

It  would  have  a  very  wholesome  influence  on 
the  confused  thinking  of  this  generation  if  the 
tremendous  truth  could  be  forcefully  clarified 
that  God  Almighty  placed  a  tremendous  respon- 
sibility upon  the  wise  exercise  of  the  law  of 
selection.  It  makes  little  difference  in  what  field 
of  activity  that  great  truth  is  applied ;  whether  in 
the  selection  of  the  right  husband  or  wife,  the 
right  surgeon  or  doctor,  the  right  engineer  or 
architect,  and  emphatically  is  this  true  in  the 
selection  of  public  officials.  There  is  no  progress 
in  any  field  of  activity  where  democracy  or  direct 
action  prevails.  The  men  who  wrote  the  Consti- 
tution understood  the  importance  of  providing 
for  the  wise  exercise  of  the  law  of  selection.  This 
plan  provides  that  the  people  may  select  delegates 
in  their  own  communities,  where  they  are  ac- 
quainted with  them,  to  attend  conventions  for  the 
purpose  of  selecting  candidates  and  writing  the 


The  Short  Ballot  98 

platform  upon  which  they  will  make  their  cam- 
paign for  election  and  which  they  would  be 
pledged  to  carry  out  in  the  event  of  their  elec- 
tion. 

Under  this  plan  the  elector  would  not  be  re- 
quired to  vote  on  more  than  three  or  four  names 
at  the  national.  State,  county  or  city  primaries 
and  elections. 

No  other  public  officials  should  be  elected.  All 
other  officials  should  be  appointed  on  the  basis  of 
efficiency  by  the  various  national.  State,  county 
and  city  officers  chosen  by  the  people  to  repre- 
sent them. 

In  order  to  obtain  the  short  ballot  we  must 
cease  electing  public  officials  that  should  be  se- 
lected by  appointment,  and  stop  submitting  pro- 
posals to  popular  vote  that  should  be  determined 
by  the  legislative  body. 

The  most  efficient  way  of  conducting  busi- 
ness on  a  large  scale  has  been  found  to  be  through 
a  corporation  managed  by  an  executive  and  de- 
liberative body,  chosen  by  the  stockholders,  with 
power  to  appoint  heads  of  departments  and  their 
subordinates  on  the  basis  of  efficiency,  and  with 
power  of  removal  when  advisable  for  the  good  of 
the  service. 

Each  of  the  four  types  of  government,  nation- 
al, State,  county  and  city,  is  a  corporation  for 


94  Back  to  the  Republic 

public  service,  and  the  standard  form  provides 
for  the  nomination  and  election  of  an  executive 
and  legislative  body  by  the  people,  these  officers 
to  be  given  full  power  of  appointment  and  of  re- 
moval and  to  be  held  responsible  for  the  quality 
of  public  service  just  as  the  elective  officers  of 
private  corporations  are  held  responsible  to  the 
stockholders  for  quality  in  private  service. 

The  people  are  interested  in  good  government 
just  as  they  are  interested  in  good  engineering, 
good  surgery,  good  music,  etc.  Good  service  is 
secured;  not  in  the  discussion  and  decision  of 
questions  concerning  which  little  generally  is 
known ;  but  in  the  selection  of  those  who  do  know. 

The  plan  makes  possible  a  calm  and  deliber- 
ate discussion  of  issues  pertaining  to  the  four 
types  of  government.  It  would  also  tend  to- 
ward the  development  of  more  competent  men 
to  serve  in  both  elective  and  appointive  positions, 
and  furthermore  it  would  aid  in  developing 
specialists. 

Under  this  plan  the  children  in  our  public 
schools  could  study  with  understanding,  not  only 
the  form  of  our  government,  but  also  the  machin- 
ery for  making  it  work  successfully,  because  the 
plan  is  not  only  clear,  concise,  comprehensive 
and  constructive,  but  it  is  so  simple  that  any  one 
can  understand  it  and  our  youth  could  be  fully 


The  Short  Ballot  95 

equipped  for  the  duties  of  citizenship  when  they 
become  of  age. 

Our  colleges  and  universities  could  teach  their 
students  the  meaning  of  a  republic  and  how  to 
administer  government  in  accordance  with  the 
plan  of  a  republic,  and  equip  students  who  have 
a  taste  for  public  service  with  information  that 
would  make  them  useful  instead  of  cramming 
their  heads  with  unsound  theories  and  imprac- 
tical suggestions  which  give  them  no  concept  of 
what  a  republic  is  or  of  its  plan  of  government. 
The  graduates  of  our  State  universities  receive 
sixteen  years'  education  at  the  expense  of  the 
State,  and  for  that  they  owe  the  public,  which 
pays  the  bill,  at  least  the  return  of  intelligent  and 
effective  citizenship. 

If  this  plan  were  adopted  foreigners  who  come 
to  this  country  would  gain  a  clearer  conception  of 
the  genius  of  our  government  in  four  years  than 
they  now  acquire,  in  the  present  mixed  state  of 
affairs,  in  twenty  years. 

At  this  time,  too,  when  women  are  taking  on 
the  added  duties  of  citizenship,  they  could  give 
much  better  cooperation  if  the  machinery  of  gov- 
ernment were  simplified  and  clarified. 

This  plan  would  save  millions  of  dollars  annu- 
ally to  the  taxpayers,  to  say  nothing  of  the  mil- 
lions it  would  save  to  the  public  officials,  who  are 


96  Back  to  the  Republic 

now  required  to  make  campaigns  for  elections* 
and  who  should  be  selected  by  appointment. 

It  would  stimulate  and  clarify  the  work  of  our 
government  and  make  for  real  progress  in  the 
solution  of  many  of  our  most  complex  problems. 

It  would  assure  the  preservation  of  this  repub- 
lic^ based  upon  the  Constitution,  and  maintain 
the  judiciary  unimpaired  at  this  time  when  we 
are  threatened  with  mobocracy  and  recall. 

It  would  meet  the  demand  of  the  most  radical 
short-ballot  advocates  and  simplify  to  the  point 
of  efficiency  and  effectiveness  the  vote  cast  by 
an  elector. 

It  would  give  us  the  Short  Ballot. 


Chapter  VIII 
ORGANIZATION 

QRGANIZATION  is  the  best  method  where- 
by concentration  of  thought,  singleness  of 
purpose  and  unity  of  action  may  be  secured  for 
the  accomplishment  of  desired  results. 

There  is  no  field  of  activity  in  which  desired 
results  are  of  greater  importance  than  in  politics. 
Freeman  once  said:  "History  is  past  politics,  and 
politics  is  present  history."  This  truism  is  worthy 
of  serious  thought. 

Have  you  ever  stopped  to  think  that  when  you 
step  to  the  faucet  in  the  morning  to  turn  on  the 
water,  the  water  is  there  as  a  result  of  politics; 
that  the  quality  and  condition  of  the  streets  and 
sidewalks  on  which  you  travel  is  determined 
through  politics;  that  the  quality  of  sewerage  and 
garbage  service  is  determined  through  politics; 
that  the  quality  of  the  police  and  fire  protection 
is  determined  through  politics ;  that  public-school 
houses  are  built  through  politics ;  that  the  teachers 
and  other  school  ofiicials  are  selected  through  pol- 
itics; that  the  courthouses  are  built  through  poli- 

97 


98  Back  to  the  Republic 

tics;  that  the  judge  and  jury  and  other  court 
officials  are  selected  through  politics;  that  our 
postoffices  are  built  or  leased  through  politics; 
that  the  postmasters,  mail  carriers  and  other 
postal  officials  are  selected  through  politics ;  that 
the  amount  of  taxes  that  you  pay  and  the  method 
of  their  expenditure  are  determined  through 
politics;  that  the  question  of  peace  or  war  is  de- 
termined through  politics?  So  the  enimieration 
might  be  continued  indefinitely. 

Whether  we  will  or  no,  we  are  bound  up  in 
the  very  warp  and  woof  of  politics.  We  cannot 
escape  it  and  we  cannot  take  these  things  out  of 
politics.  These  services  touch  our  comforts,  our 
necessities,  our  luxuries,  and  the  very  protection 
of  our  lives.  It  behooves  all  citizens,  therefore, 
to  be  awakened  to  a  keen  realization  of  their  obli- 
gation and  be  vigilant  in  the  selection  of  officials 
who  in  a  representative  capacity  assume  the  re- 
sponsibility of  conducting  public  affairs.  It  is 
also  important  that  these  officials  work  through 
the  best  possible  organization.  The  republic, 
which  is  based  upon  four  elements,  provides  the 
best  possible  medium  for  such  an  organization. 

I  do  not  know  that  there  is  magic  in  the  figure 
four,  but  it  has  played  a  great  part  in  civi!ization. 
After  the  earth  was  created,  four  kingdoms  were 
provided:    the  human,   animal,  vegetable  and 


Organization  99 

mineral.  Four  seasons  of  the  year  seemed  neces- 
sary:  spring,  simmier,  autmnn  and  winter.  There 
are  four  directions:  north,  south,  east  and  west. 
Any  direction  can  be  described  with  these  four 
words.  In  mathematics  it  is  necessary  to  com- 
pute foiu"  ways:  addition,  subtraction,  multi- 
plication and  division.  The  problem  of  trans- 
portation is  worked  out  on  four-wheeled  vehicles. 
The  animals  that  travel  swiftly  and  carry  great 
burdens  rest  upon  four  legs.  We  have  four  insti- 
tutions: the  home,  the  school,  the  church  and  the 
government.  The  founders  of  the  republic  organ- 
ized a  government  that  rests  upon  f  ovu*  elements, 
and  it  stood  four-square  to  all  the  world.  They 
also  provided  for  four  types  of  government: 
national,  State,  county  and  city. 

NATIONAL  GOVEENMENT 

The  diagram  shown  on  page  101  is  an  illustra- 
tion of  the  national  government  at  work,  organ- 
ized as  planned  by  the  Constitution. 

The  Constitution  provides  that  the  executive, 
with  the  concurrence  of  the  legislative  body, 
should  appoint  heads  of  departments  and  their 
subordinates  to  cover  the  various  fields  of  activ- 
ity within  the  realm  of  national  government.  The 
heads  of  departments  constitute  the  Cabinet.  It 
was  contemplated  that  committees  would  be  ap- 


100  Back  to  the  Republic 

pointed  in  the  Senate  and  in  the  House  to  corre- 
spond to  and  cooperate  with  the  various  Cabinet 
departments  as  follows;  The  committees  on  in- 
ternational affairs  in  the  Senate  and  House  to 
correspond  to  and  cooperate  with  the  Secretary 
of  State  in  the  Cabinet ;  the  committees  on  naval 
affairs,  with  the  Secretary  of  the  Navy;  the  com- 
mittees on  military  affairs,  with  the  Secretary  of 
War;  the  committees  of  way  and  means,  with 
the  Secretary  of  the  Treasury;  the  committees 
on  public  lands,  with  the  Secretary  of  the  Inte- 
rior ;  the  committees  on  agriculture,  with  the  Sec- 
retary of  Agriculture;  the  committees  on  com- 
merce, with  the  Secretary  of  Commerce ;  the  com- 
mittees on  labor  with  the  Secretary  of  Labor; 
the  committees  on  judiciary,  with  the  Depart- 
ment of  Justice;  the  committees  on  postal  affairs 
with  the  Postoffice  Department. 

It  was  contemplated  that  the  President  would 
select  the  best  qualified  men  available  for  the 
Cabinet  positions,  and  that  the  Senate  and  the 
House  would  appoint  on  the  various  committees 
the  men  who  had  the  best  training,  knowledge 
and  natural  ability  to  be  of  service  on  those  com- 
mittees. Then,  when  an  important  matter  arose 
which  had  to  be  dealt  with,  it  was  contemplated 
that  the  President  would  confer  with  the  Cabi- 
net member  whose  department  covered  that  field 


O' 


f  CABINET   MEMBER 

LEGISLATIVE  COMMITTEE 
I  MINOR  COURT 


OAN  INDIVID 
I.  Rjghteof 


O      Subordinate  deparhnent- 
head 

o       Public  service  emploi^e 


INDIVIDUAL  RIGHT 
person 

2.  Righh^  of  properfy 

3.  Reliaious  freedom 
-♦  Trial  by  jurij 

s.  PatenV  -  Copyrighl- 
6.  Freedom  of  speech- 
7  Freedom  of  rhe  press 
efc,  efc,  etc. 


National  Government  Organized  as  a  Republic 
2C1 


Organization  108 

of  activity,  and  also  with  the  chairmen  of  the 
committees  in  the  House  and  Senate  that  should 
cooperate  with  that  Cabinet  department. 

To  illustrate  from  the  diagram,  the  Secretary 
of  State  is  designated  as  "A"  in  the  executive 
department,  and  the  committees  in  the  House 
and  Senate  on  international  affairs  are  desig- 
nated as  "A,"  the  lines  connecting  them  illus- 
trating the  relation  that  exists  between  the  exec- 
utive and  legislative  departments.  If  a  ques- 
tion concerning  the  Orient  should  arise  in  inter- 
national affairs,  the  plan  of  the  republic,  strictly 
adhered  to,  contemplates  that  the  President  shall 
call  into  his  presence  the  Secretary  of  State  and 
the  chairmen  of  the  committees  on  international 
affairs  in  the  Senate  and  House  for  deliberation, 
and  they  shall  constitute  the  governmental 
agency  to  deal  with  that  question. 

Different  portions  of  the  world  would  doubt- 
less be  assigned  to  various  assistants  in  the  De- 
partment of  State  for  study  and  expert  knowl- 
edge, and  likewise  different  portions  of  the  world 
would  be  assigned  to  various  members  of  the 
committees  on  international  affairs  in  the  Senate 
and  House  for  study  and  expert  knowledge. 
Should  it  develop  at  the  conference  that  one  or 
more  of  the  assistants  in  the  Department  of 
State  had  special  knowledge  pertaining  to  the 


104  Back  to  the  Republic 

Orient,  and  some  member  of  the  committee  on 
international  aiFairs  in  the  House  or  Senate, 
other  than  the  chairman,  had  special  knowledge 
pertaining  to  the  Orient,  then  they,  too,  would 
be  invited  into  the  conference.  When  a  course 
of  action  had  been  determined  upon  as  a  result  of 
the  conference,  the  work  of  execution  would  be 
carried  on  through  the  regularly  constituted 
channels  of  a  republic  provided  for  by  the  Con- 
stitution. 

In  the  same  mariner,  if  a  question  of  food 
arose,  it  would  be  handled  in  a  similar  way 
through  the  Department  of  Agriculture  and  the 
committees  on  agriculture  in  the  Senate  and 
House.  In  like  manner  other  problems  would 
be  handled  through  the  various  Cabinet  depart- 
ments and  various  committees  in  the  House  and 
Senate. 

That  is  exactly  the  course  pursued  by  George 
Washington  in  the  conduct  of  his  work  as  execu- 
tive of  the  republic. 

That  is  exactly  the  course  pursued  by  Abra- 
ham Lincoln  in  his  conduct  of  the  Civil  War  and 
of  other  domestic  and  international  problems 
which  arose  during  his  administration. 

That  is  exactly  the  course  pursued  by  William 
McKinley  in  his  conduct  of  the  Spanish- Ameri- 
can war  and  of  other  domestic  and  international 


Organization  105 

problems  which  arose  dui'ing  his  administration, 
and  on  the  work  of  each  history  has  rendered  the 
verdict:  "Well  done,  thou  good  and  faithful 
servant." 

It  was  never  contemplated  by  the  men  who 
wrote  the  Constitution  and  founded  this  republic 
that  individuals,  boards  and  commissions  should 
be  called  in  hastily  and  promiscuously,  from  the 
outside,  and  assigned  dictatorial  and  autocratic 
power  on  momentous  undertakings.  Such  a 
course  usurps  the  proper  jurisdiction  of  regu- 
larly appointed  heads  of  Cabinet  departments 
and  regularly  elected  members  of  the  legislative 
body. 

It  would  seem  that  modern  business  men,  with 
their  marvelous  capacity  for  achieving  desired 
results  effectively,  would  readily  see  the  tremen- 
dous importance  of  this  method  of  administra- 
tion, for  it  is  the  way  they  have  built  up  the  great 
institutions  of  this  country. 

In  a  republic  the  important  function  of  the 
executive  is  to  appoint  capable  and  well  fitted 
men  for  the  governmental  positions  and  to  make 
recommendations  to  Congress.  When  the  execu- 
tive makes  wise  appointments,  his  success  is  well 
nigh  assured. 

The  important  function  of  the  legislative  body 
is  to  enact  wise  laws  and  make  judicious  expen- 


106  Bach  to  the  Republic 

ditures.  Congress  enacts  very  many  more  laws 
than  it  should  and  spends  much  more  money  than 
is  necessary  to  secure  better  service  than  we  now 
have. 

The  important  function  of  the  judiciary  is  to 
render  sound  decisions  which  should  be  stated 
clearly  and  limited  to  the  question  at  issue.  We 
have  too  many  courts,  too  much  litigation,  and 
far  too  many  reports. 

The  important  function  of  individual  rights 
is  to  stand  guard  day  and  night  to  prevent  the 
government  or  any  person  or  group  of  persons 
from  trespassing  upon  the  inherent  rights  guar- 
anteed by  the  Constitution  to  every  individual 
under  its  protection. 

STATE  GOVERNMENT 

The  diagram  on  the  opposite  page  is  an  illus- 
tration of  the  State  government  organized  as  it 
should  work  under  the  guaranty  of  the  Consti- 
tution. Section  4,  article  4  of  the  Constitution 
guarantees  to  every  State  in  the  Union  a  repub- 
lican form  of  government.  It  was  contemplated 
that  the  Governor  and  legislative  body  would 
appoint  heads  of  departments  and  their  subor- 
dinates to  cover  the  various  fields  of  activity 
within  the  realm  of  State  government.  The  heads 
of  departments  should  be  called  the  Governor's 


Ofi 


CABINET  MEMBER 
,  LEGISLATIVE  COMMITTEE 
I  MINOR  COURT 

O      Subordinate  departmeOl 
head 

O       Public  service  employe 


OAN  INDIVID 
».  Righfaof 


INDIVIDUAL  RIGHT 
person 
a.  Riqhhs  of  properhij 
3.  Rejiqious  freedom 
4  Trial  by  jury 
s.PaJ-enl-  -  Copyriqhfr 
6,  Freedom  of  speech 
7  Freedom  of  the  press 
et-c,  etc.,  etc. 


A  State  Government  Organized  as  a  Republic 


Organization  109 

cabinet.  Committees  should  be  appointed  in  the 
legislative  body  to  corrrespond  to  and  cooperate 
with  the  various  cabinet  departments;  the  com- 
mittees on  education  in  the  Senate  and  House 
to  correspond  to  and  cooperate  with  the  Director 
of  Education ;  the  committees  on  ways  and  means 
to  correspond  to  and  cooperate  with  the  Director 
of  Finance ;  the  committees  on  agriculture  to  cor- 
respond to  and  cooperate  with  the  Director  of 
Agriculture ;  the  committees  on  commerce  to  cor- 
respond to  and  cooperate  with  the  Director  of 
Commerce,  etc. 

The  Governor  should  select  the  best  qualified 
persons  available  for  cabinet  positions,  and  the 
Senate  and  House  should  appoint  on  the  various 
committees  those  who  have  the  best  training, 
knowledge  and  natural  ability  to  be  of  service  on 
those  committees. 

Should  an  important  question  arise  in  the  State 
government,  the  Governor  should  confer  with 
the  cabinet  member  whose  department  covered 
that  field  of  activity,  and  also  with  the  chairmen 
of  the  committees  in  the  House  and  Senate  that 
correspond  to  and  cooperate  with  that  depart- 
ment. 

To  illustrate  from  the  diagram,  the  Director 
of  Education  is  designated  as  "A"  in  the  execu- 
tive department.    The  committees  in  the  H<Hise 


110  Bax^k  to  the  Republic 

and  Senate  are  designated  as  "A"  in  the  legis- 
lative department.  The  lines  connecting  them 
illustrate  the  relation  existing  between  the  execu- 
tive and  legislative  departments.  If  an  impor- 
tant question  arose  in  the  State  in  regard  to  edu- 
cation, the  Governor  should  call  in  to  his  presence 
the  Director  of  Education  and  the  chairmen  of 
the  committees  on  education  in  the  House  and 
Senate,  and  they  would  constitute  the  govern- 
mental agency  to  treat  with  that  question.  If  it 
developed  that  one  of  the  assistants  in  the  depart- 
ment of  education  was  especially  conversant  with 
that  particular  question  and  some  member  of  a 
committee  in  the  Senate  or  House  other  than 
the  chairman  was  especially  conversant  with  the 
question  under  consideration,  they  too  should  be 
called  into  the  conference.  Then,  with  a  course 
of  action  determined  upon,  the  work  of  execu- 
tion should  be  carried  on  through  the  regularly 
constituted  channels  provided  for  in  a  State  or- 
ganized as  a  republic  under  its  constitutional 
guaranty. 

This  course  should  be  pursued  in  treating  other 
questions  pertaining  to  the  other  departments 
and  legislative  committees.  It  would  be  a  great 
improvement  on  the  present  chaotic,  wasteful, 
unbusinesslike  method  of  conducting  the  various 
State  governments. 


0(a 


f^CABINElT   MEMBER 
LEGISLATIVE  COMMITTEE 
INOR  COURT 


OAN  INDIVID 
I.  Righto  of 


O      Subordinahe  department 
heod 

O       Public  service  emploije 


INDIVIDUAL  RIGHT 
person 

2.  Riqhl-^  of  pyopertij 

3.  Reliqious  freedom 
♦  Trial  by  jurq 

s.  Pafenh  -  CopyrlqhI- 
«,  Freedom  of  speech 
7  Freedom  of  rhe  pres» 
e^c.,  ere,  efc. 


A  County  Government  Organized  as  a  Republic 
111 


Organization  118 

Our  State  legislatures  enact  many  times  as 
much  legislation  as  they  should.  We  should 
insist  that  they  begin  at  once  to  repeal,  to  sim- 
plify, to  clarify  and  to  codify  the  heterogeneous 
mass  of  State  statutes  so  that  our  revised  statutes 
in  the  various  States  could  be  written  in  about 
one-tenth  as  many  words.  It  would  save  valuable 
time,  needless  expense,  fruitless  litigation,  and 
make  for  a  clearer  understanding  of  the  laws. 
An  effort  should  also  be  made  to  make  the  laws 
of  the  several  States  more  uniform.  The  State 
governments  spend  much  more  money  and  em- 
ploy much  more  help  than  is  necessary  in  order 
to  give  much  better  service  than  they  are  now 
rendering. 

The  State  government  organized  and  con- 
ducted as  a  republic  would  eliminate  all  boards, 
commissions  and  other  governmental  agencies 
that  are  injurious  to  good  service. 

It  is  a  grave  question  whether  or  not  the  bicam- 
eral system  is  advisable  for  State  legislatures. 

COUNTY  GOVERNMENT 

The  diagram  on  page  111  is  an  illustration  of 
the  county  government  at  work,  organized  as  a 
re  public  J  as  all  counties  in  the  United  States  of 
America  should  be  organized. 

The  President  of  the  County  Board  and  the 


114  Back  to  the  Republic 

County  Commissioners  should  appoint  all  other 
county  officials. 

The  President  of  the  County  Board  should 
select  the  best  qualified  persons  available  for 
cabinet  positions  and  the  County  Board  should 
appoint  on  the  various  committees  those  who 
have  the  best  training,  knowledge  and  natural 
ability  to  be  of  service  on  those  committees.  The 
same  plan  outlined  for  conducting  the  national 
and  State  governments  by  the  executive  and  leg- 
islative branches  should  be  followed  in  the  county 
government. 

The  counties  have  more  courts,  much  more 
litigation,  much  more  help,  much  more  expense, 
and  use  much  more  time  and  energy  than  is  neces- 
sary to  give  far  better  public  service  than  is  now 
given  by  county  governments. 

CITY  GOVERNMENT 

The  accompanying  diagram  is  an  illustration 
of  the  city  government  at  work,  organized  as  a 
republic,  as  all  cities  in  the  United  States  of 
America  should  be  organized. 

The  Mayor  and  the  City  Council  should  ap- 
point all  other  city  officials. 

The  Mayor  should  select  the  best  qualified 
persons  available  for  cabinet  positions,  and  the 
City  Council  should  appoint  on  the  various  com- 


o 


f  CABINET   MEMBER 
LEGISLATIVE  COMMITTEE 
MINOR  COURT 

Sobordinahs  deportmer* 
heod 


OAN  INDIVID 
I.  Rightaof 


o       PubTic  service  emploi^fr 


INDIVIDUAL  RIGHT 

person 
Riqh^s  of  pYoperl-y 
_   Reliqious  freedom 

4.  Trial  by  jury 

5.  PatanV  —  Copyrlqhl- 

6.  Freedom  of  speecK 

J  Freedom  of  the  press 
ehc,  efc,  etc. 


A  City  Goveknment  Organized  as  a  Republic 

115 


Organization  117 

mittees  those  who  have  the  best  training,  knowl- 
edge and  natural  ability  to  be  of  service  on  those 
committees.  The  same  plan  as  outlined  for  con- 
ducting the  national  and  State  governments  by 
the  executive  and  legislative  branches  should  be 
followed  in  the  city  government. 

City  councils  pass  many  more  ordinances  than 
they  should.  City  governments  spend  much 
more  money  and  employ  much  more  help  than  is 
necessary  to  give  much  better  service  than  is  now 
rendered  by  city  governments. 


Chapter  IX 

A  WORLD  REPUBLIC 

PROBLEMS  in  mathematics  cannot  be  solved 
without  first  establishing  the  unit  and  then 
utilizing  the  fom*  methods  of  addition,  subtrac- 
tion, multiplication  and  division.  Just  so  you 
must  have  the  standard  form  and  the  four  ele- 
ments of  the  republic  to  solve  governmental 
problems. 

You  cannot  construct  a  building  without  first 
providing  the  foundation  and  then  erecting  the 
four  walls.  The  foundation  corresponds  in  im- 
portance to  the  standard  form,  and  the  four 
walls  of  the  building  to  the  four  elements  of  a 
republic. 

The  basis  of  the  solar  system  is  a  standard 
form  of  planet,  which  is  the  sphere.  From  the 
mightiest  suns  to  the  smallest  planets  they  are 
all  spheres.  The  executive  power  keeps  them 
in  motion.  The  legislative  power  defines  their 
courses.  The  judicial  power  holds  them  to  their 
courses  through  the  law  of  gravitation,  and  each 
sphere   is   guaranteed   the   inherent   individual 

118 


A  World  Republic  119 

rights  of  space  in  which  to  rotate  and  freedom 
from  coUision  with  other  suns  or  planets.  The 
solar  system  is  organized  as  a  sphere  of  the  re- 
lated spheres  of  the  universe. 

We  cannot  have  a  world  republic  until  we  have 
a  universal  standard  form  of  government,  and 
when  a  world  republic  comes  it  will  be  the  repub- 
lic of  the  united  republics  of  the  world. 

As  soon  as  the  world  grasps  the  full  meaning 
of  the  republic  as  a  form  of  government  its  uni- 
versal adoption  will  be  as  natural  as  the  univer- 
sal adoption  of  the  other  standards  referred  to 
in  Chapter  IV. 

The  institution  of  monogamous  marriage  was 
first  evolved  in  some  country,  and  when  the  world 
recognized  that  it  was  better  than  either  polyg- 
amy or  promiscuity,  it  met  with  almost  universal 
adoption.  The  clock  was  first  evolved  in  some 
country,  and  when  the  world  recognized  it  as  the 
best  method  of  telling  and  recording  time,  it  met 
with  universal  adoption.  And  likewise  with  the 
golden  rule,  the  ten  digits,  the  standards  of 
weights  and  measures,  etc. 

It  is  to  our  everlasting  glory  that  the  republic 
was  evolved  in  this  country,  and  it  is  our  supreme 
privilege  and  sacred  duty  to  maintain  it  unim- 
paired and  to  spread  the  gospel  of  its  sterling 
worth  to  all  other  nations  of  the  world. 


120  Back  to  the  Republic 

If  the  people  of  the  United  States  of  Amer- 
ica should  begin  at  once  to  adhere  strictly  and 
literally  to  the  republic  as  the  standard  form  of 
government  in  nation.  State,  county  and  city,  we 
would  then  be  in  a  position  to  give  a  clear,  defi- 
nite and  constructive  message  to  all  countries  of 
the  world  as  follows: 

We  recommend  that  you  substitute  a  republic 
for  the  form  of  government  that  you  now  have; 
not  in  the  spirit  of  force,  or  threat,  or  hate,  or 
revenge,  or  dictation,  but  rather  in  the  spirit  of 
Christ  upon  the  cross  when  he  said:  "Father,  for- 
give them,  for  they  know  not  what  they  do,"  or 
in  the  spirit  of  Lincoln  during  the  dark  hours  of 
the  republic  when  he  said  to  those  who  would  de- 
stroy it:  "We  are  not  enemies,  but  friends;  we 
must  not  be  enemies;  though  passion  may  have 
strained,  it  must  not  break  the  bonds  of  affection. 
.  .  .  With  malice  toward  none,  with  charity  for 
all,  with  firmness  in  the  right  as  God  gives  us  to 
see  the  right,  let  us  strive  on  ...  to  do  all  which 
may  achieve  and  cherish  a  just  and  a  lasting 
peace  among  ourselves  and  with  all  nations." 

Alfred  Tennyson  had  the  great  vision  of  a 
time  when 

"the  war  drums  throb  no  longer 
And  the  battle  flags  are  furl'd. 
In  the  parliament  of  man, 
The  federation  of  the  world." 


A  World  Republic  121 

But  he  did  not  realize  that  the  republic  was  the 
medium  through  which  this  inspired  dream  could 
come  true. 

For  years  a  major  portion  of  the  people  of  the 
world  have  been  ready  for  international  peace, 
but  no  plan  has  been  evolved  for  its  successful 
achievement.  The  serious  obstacle  has  been  the 
difficulty  of  harmonizing  the  numerous  and 
varied  types  of  government  into  a  great  single 
purpose. 

We  have  tried  to  solve  the  problem  without 
first  establishing  the  unit. 

We  have  tried  to  build  a  world  movement  with- 
out first  laying  the  foundation. 

We  have  tried  to  unite  governments  without 
first  having  a  standard  form  that  would  make 
them  work  in  harmony. 

A  movement  should  be  started  at  once  to  or- 
ganize the  world  into  from  sixteen  to  twenty-five 
federal  republics.    There  should  be: 

The  republic  of  the  United  States  of  America, 
The  republic  of  the  United  States  of  G  r  e  a  t 
Britain, 

The  republic  of  the  United  States  of  Germany, 
The  republic  of  the  United  States  of  France, 
The  republic  of  the  United  States  of  Poland, 
The  republic  of  the  United  States  of  Russia, 
The  republic  of  the  United  States  of  Italy, 


122  Back  to  the  Republic 

The  republic  of  the  United  States  of  Scandi- 
navia, 

The  republic  of  the  United  States  of  Spain, 
The  republic  of  the  United  States  of  Greece, 
The  republic  of  the  United  States  of  China, 
The  republic  of  the  United  States  of  Japan, 
The  republic  of  the  United  States  of  South 
America, 

The  republic  of  the  United  States  of  Asia, 
The  republic  of  the  United  States  of  Africa, 
and  several  others. 

This  would  make  possible  the  solution  of  the 
Home  Rule  question  in  Ireland  because  it  would 
make  Ireland  a  sovereign  state  of  the  United 
States  of  Great  Britain  just  as  Illinois  is  a  sov- 
ereign State  of  the  United  States  of  America. 
It  might  solve  the  Alsace-Lorraine  problem  by 
making  a  portion  of  it  a  sovereign  state  of  the 
United  States  of  France  and  a  portion  of  it  a 
sovereign  state  of  the  United  States  of  Germany. 
It  would  furnish  the  key  to  the  solution  of  a 
number  of  difficult  problems  in  the  Balkans  and 
in  other  territory  that  must  soon  come  under 
grave  consideration  in  working  out  the  complex 
international  situation. 

All  states  and  minor  political  divisions  of 
the  federal  republics  should  be  organized  as 
republics. 


A  World  Republic  128 

With  the  governments  of  the  world  organized 
as  republics,  a  constitutional  convention  com- 
posed of  representatives  of  the  various  republics 
could  be  called.  A  world  constitution  could  be 
framed  that  would  provide  ( 1 )  for  a  world  exec- 
utive and  define  his  qualifications  and  powers, 
(2)  for  a  world  legislative  body  and  define  its 
qualifications  and  powers,  (3)  for  a  world  ju- 
diciary and  define  its  qualifications  and  powers, 
and  (4)  for  certain  inherent  international  rights. 

A  world  republic  could  then  be  organized 
rather  simply  and  almost  automatically  as  fol- 
lows: Provide  (1)  that  an  ex-president  of  one 
of  the  republics  would  be  the  world  executive; 
(2)  that  the  vice-presidents  of  the  various  repub- 
lics would  be  the  world  legislative  body  (this 
would  give  them  something  to  do  and  would  en- 
courage a  more  careful  selection  of  vice-presi- 
dents) ;  (3)  that  when  an  international  contro- 
versy arose,  one  member  of  the  supreme  court 
from  each  republic  not  directly  interested  in  the 
controversy  would  sit  as  the  court  to  determine 
the  rights  of  the  republics  in  controversy,  and  (4) 
that  the  inherent  international  rights  could  be 
enforced  through  those  three  branches  of  the 
world  republic. 


^  Chaptee  X 

CONCLUSION 

T  HAVE  striven  to  make  clear  the  meaning  of 
the  words  "autocracy,"  "democracy"  and 
"republic"  and  have  urged  the  importance  of 
avoiding  the  extremes  of  either  autocracy  or  de- 
mocracy and  the  vital  need  of  adhering  strictly 
and  literally  to  the  republic. 

If  you  have  read  this  book  carefully  and  are 
still  in  doubt  as  to  the  meaning  of  those  three 
words,  I  beg  of  you  to  read  the  works  of  Alex- 
ander Hamilton,  the  words  of  George  Washing- 
ton, the  teachings  of  James  JNIadison,  the  decis- 
ions of  John  Marshall,  the  debates  of  Daniel 
Webster,  the  utterances  of  Abraham  Lincoln, 
the  addresses  of  William  McKinley,  and  the  Con- 
stitution of  the  United  States,  and  study  the  laws 
of  nature.  You  will  then  reach  the  conclusions 
set  forth  in  this  book. 

When  you  understand  clearly  the  meaning  of 
the  words  "autocracy,"  "democracy"  and  "repub- 
lic" you  will  favor  the  republic  as  the  best  form 
of  government.    It  should  then  be  your  solemn 

124 


Conclusion  125 

duty  as  well  as  your  high  privilege  to  exert  every 
effort  and  utilize  every  legitimate  influence  to 
assure  a  republic  as  the  form  of  government 
under  which  you  live. 

If  you  live  in  the  United  States  of  America, 
you  can  do  this  most  effectively  by  working  for 
the  election  of  executives  and  members  of  the 
legislative  bodies,  in  nation.  State,  county  and 
city,  who  understand  the  meaning  of  a  republic 
and  who  will  conduct  the  government  in  accord- 
ance with  the  plan  of  a  republic. 

If  you  live  in  some  other  country,  you  should 
work  for  the  adoption  of  a  constitution  that  will 
provide  for  the  four  elements  which  make  pos- 
sible the  founding  of  a  republic  in  lieu  of  the 
form  of  government  which  now  prevails. 

"Back  to  the  republic"  should  be  the  watch- 
word of  every  patriot  in  this  country,  and  "For- 
ward to  the  republic"  should  be  the  keynote  of 
every  patriot  in  each  of  the  other  countries  of  the 
world. 

The  people  of  this  country  for  their  own  good 
should  get  "back  to  the  republic"  as  soon  as  pos- 
sible, and  the  people  of  each  of  the  other  coun- 
tries, for  their  own  good,  should  move  forward  to 
a  republic  as  rapidly  as  possible. 

The  sooner  we  get  "back  to  the  republic"  in 
this  country  and  the  people  of  each  of  the  other 


126  Bach  to  the  Republic 

countries  move  forward  to  a  republic,  the  sooner 
retrogression  will  end  and  progress  begin. 

The  world  conflagration  makes  this  the  su- 
preme hour  when  all  true  patriots  should  exam- 
ine their  political  compass,  get  their  bearings, 
know  where  they  stand  and  anchor  to  the  re- 
public. 

The  republic  is  the  key  to  the  solution  of  this 
awful,  this  tragic  international  crisis. 

"In  medio  tutissimus  ibis." 

"You  will  go  safest  in  a  middle  course." 

*' ApwTTov  [lerpov, ' ' 
"The  medium  is  best." 


APPENDIX 

The  Constitution  of  the  United  States 


The  Constitution  of  the  United  States 


PREAMBLE 

WE,  THE  IPEOPLE  of  the  United  States,  in  order 
to  form  a  more  perfect  union,  establish  justice,  in- 
sure domestic  tranquillity,  provide  for  the  common  defense, 
promote  the  general  welfare,  and  secure  the  blessings  of 
liberty  to  ourselves  and  our  posterity,  do  ordain  and  es- 
tablish this  Constitution  for  the  United  States  of  America. 

ARTICLE  I 

THE    LEGISLATIVE    BODY 

Congress:   Its  Composition  and  Powers 
Section  1.     All  legislative  powers  herein  granted  shafi 
be  vested  in  a  Congress  of  the  United  States,  which  shall 
consist  of  a  Senate  and  House  of  Representatives. 

The  House  of  Representatives 
Sec.  2.  The  House  of  Representatives  shall  be  com- 
posed of  members  chosen  every  second  year  by  the  people 
of  the  several  States,  and  the  electors  in  each  State  shall 
have  the  qualifications  requisite  for  electors  of  the  most 
numerous  branch  of  the  State  legislature. 

No  person  shall  be  a  Representative  who  shall  not  have 
attained  to  the  age  of  twenty-five  years,  and  been  seven 
years  a  citizen  of  the  United  States,  and  who  shall  not, 
when  elected,  be  an  inhabitant  of  that  State  in  which  he 
shall  be  chosen. 

129 


180  Back  to  the  Republic 

Representatives  and  direct  taxes  shall  be  apportioned 
among  the  several  States  which  may  be  included  within  this 
Union,  according  to  their  respective  numbers,  which  shall 
be  determined  by  adding  to  the  whole  number  of  free  per- 
sons, including  those  bound  to  service  for  a  term  of  years, 
and  excluding  Indians  not  taxed,  three-fifths  of  all  other 
persons.  [This  clause  was  partly  superseded  by  the  Four- 
teenth Amendment.]  The  actual  enumeration  shall  be 
made  within  three  years  after  the  first  meeting  of  the  Con- 
gress of  the  United  States,  and  within  every  subsequent 
term  of  ten  years,  in  such  manner  as  they  shall  by  law  di- 
rect. The  number  of  Representatives  shall  not  exceed  one 
for  every  thirty  thousand,  but  each  State  shall  have  at  least 
one  Representative;  and  until  such  enumeration  shall  be 
made  the  State  of  New  Hampshire  shall  be  entitled  to 
choose  three;  Massachusetts,  eight;  Rhode  Island  and 
Providence  Plantations,  one;  Connecticut,  five;  New  York, 
six ;  New  Jersey,  four ;  Pennsylvania,  eight ;  Delaware,  one ; 
Maryland,  six;  Virginia,  ten;  North  Carolina,  five;  South 
Carolina,  five ;  and  Georgia,  three. 

When  vacancies  happen  in  the  representation  from  any 
State,  the  executive  authority  thereof  shall  issue  writs  of 
election  to  fill  such  vacancies. 

The  House  of  Representatives  shall  choose  their  Speaker 
and  other  oflScers,  and  shall  have  the  sole  power  of  impeach- 
ment. 

The  Senate 

Sec.  3.  The  Senate  of  the  United  States  shall  be  com- 
posed of  two  Senators  from  each  State,  chosen  by  the  legis- 
lature thereof,  for  six  years;  and  each  Senator  shall  have 
one  vote. 

Immediately   after  they   shall   be  assembled   in   conse- 


The  Constitution  of  the  United  States    181 

quence  of  the  first  election,  they  shall  be  divided  as  equally 
as  may  be  into  three  classes.  The  seats  of  the  Senators 
of  the  first  class  shall  be  vacated  at  the  expiration  of  the 
second  year;  of  the  second  class,  at  the  expiration  of  the 
fourth  year;  of  the  third  class,  at  the  expiration  of  the 
sixth  year,  so  that  one-third  may  be  chosen  every  second 
year;  and  if  vacancies  happen  by  resignation,  or  otherwise, 
during  the  recess  of  the  legislature  of  any  State,  the  execu- 
tive thereof  may  make  temporary  apj>ointments  until  the 
next  meeting  of  the  legislature,  which  shall  fill  such  vacan- 
cies. 

No  person  shall  be  a  Senator  who  shall  not  have  attained 
to  the  age  of  thirty  years,  and  been  nine  years  a  citizen  of 
the  United  States,  and  who  shall  not,  when  elected,  be  an 
inhabitant  of  that  State  for  which  he  shall  be  chosen. 

The  Vice-President  of  the  United  States  shall  be  presi- 
dent of  the  Senate,  but  shall  have  no  vote,  unless  they 
be  equally  divided. 

The  Senate  shall  choose  their  other  officers,  and  also  a 
president  pro  tempore,  m  the  absence  of  the  Vice-Presi- 
dent, or  when  he  shall  exercise  the  office  of  President  of 
the  United  States. 

The  Senate  shall  have  the  sole  power  to  try  all  impeach- 
ments ;  when  sitting  for  that  purpose,  they  shall  be  on  oath 
or  affirmation.  When  the  President  of  the  United  States 
is  tried,  the  Chief  Justice  shall  preside;  and  no  person 
shall  be  convicted  without  the  concurrence  of  two-thirds 
of  the  members  present. 

Judgment  in  cases  of  impeachment  shall  not  extend  fur- 
ther than  to  removal  from  office,  and  disqualification  to 
hold  and  enjoy  any  office  of  honor,  trust  or  profit  under 
the  United  States;  but  the  party  convicted  shall,  never- 


182  Back  to  the  Republic 

theless;  be  liable  and  subject  to  indictment,  trial,  judgment, 
and  punishment  according  to  law. 

Election  of  Senators  and  Representatives 

Sec.  4.  The  times,  places,  and  manner  of  holding  elec- 
tions for  Senators  and  Representatives  shall  be  prescribed 
in  each  State  by  the  legislature  thereof;  but  the  Congress 
may  at  any  time,  by  law,  make  or  alter  such  regulations, 
except  as  to  the  places  of  choosing  Senators. 

The  Congress  shall  assemble  at  least  once  in  every  year, 
and  such  meeting  shall  be  on  the  first  Monday  in  Decem- 
ber, unless  they  shall  by  law  appoint  a  different  day. 

Orffanization  and  Rules  of  Senate  and  House 

Sec.  5.  Each  house  shall  be  the  judge  of  the  elections, 
returns  and  qualifications  of  its  own  members,  and  a  ma- 
jority of  each  shall  constitute  a  quorum  to  do  business; 
but  a  smaller  number  may  adjourn  from  day  to  day,  and 
may  be  authorized  to  compel  the  attendance  of  absent  mem- 
bers, in  such  manner  and  under  such  penalties  as  each 
house  may  provide. 

Each  house  may  determine  the  rules  of  its  proceedings, 
punish  its  members  for  disorderly  behavior,  and,  with  the 
concurrence  of  two-thirds,  expel  a  member. 

Each  house  shall  keep  a  journal  of  its  proceedings,  and 
from  time  to  time  publish  the  same,  excepting  such  parts 
as  may  in  their  judgment  require  secrecy;  and  the  yeas 
and  nays  of  the  members  of  either  house  on  any  question 
shall,  at  the  desire  of  one-fifth  of  those  present,  be  entered 
on  the  journal. 

Neither  house,  during  the  session  of  Congress,  shall, 
without  the  consent  of  the  other,  adjourn  for  more  than 


The  Constitution  of  the  United  States    133 

three  days,  nor  to  any  other  place  than  that  in  which  the 
two  houses  shall  be  sitting. 

Pay  and  Privileges  of  Senators  and  Representatives 

Sec.  6.  The  Senators  and  Representatives  shall  receive 
a  compensation  for  their  services,  to  be  ascertained  by  law, 
and  paid  out  of  the  treasury  of  the  United  States.  They 
shall  in  all  cases,  except  treason,  felony  and  breach  of  the 
peace,  be  privileged  from  arrest  during  their  attendance  at 
the  session  of  their  respective  houses,  and  in  going  to  and  re- 
turning from  the  same;  and  for  any  speech  or  debate  in 
either  house,  they  shall  not  be  questioned  in  any  other  place. 

No  Senator  or  Representative  shall,  during  the  time  for 
which  he  was  elected,  be  apj)ointed  to  any  civil  office 
imder  the  authority  of  the  United  States  which  shall  have 
been  created,  or  the  emoluments  whereof  shall  have  been 
increased,  during  such  time;  and  no  person  holding  any 
office  under  the  United  States  shall  be  a  member  of  either 
house  during  his  continuance  in  office. 

Methods  of  Legislation 

Sec.  7.  All  bills  for  raising  revenue  shall  originate  in 
the  House  of  Representatives;  but  the  Senate  may  propose 
or  concur  with  amendments  as  on  other  bills. 

Every  bill  which  shall  have  passed  the  House  of  Rep- 
resentatives and  the  Senate  shall,  before  it  becomes  a  law, 
be  presented  to  the  President  of  the  United  States;  if  he 
approve,  he  shall  sign  it,  but  if  not,  he  shall  return  it,  with 
his  objections,  to  that  house  in  which  it  shall  have  orig- 
inated, who  shall  enter  the  objections  at  large  on  their 
journal,  and  proceed  to  reconsider  it.  If  after  such  recon- 
sideration two-thirds  of  that  house  shall  agree  to  pass 
the  bill,  it  shall  be  sent,  together  with  the  objections,  to 


134  Back  to  the  Republic 

the  other  house,  by  which  it  shall  likewise  be  reconsidered, 
and  if  approved  by  two-thirds  of  that  house,  it  shall  become 
a  law.  But  in  all  such  cases  the  votes  of  both  houses  shall 
be  determined  by  yeas  and  nays,  and  the  names  of  the 
persons  voting  for  and  against  the  bill  shall  be  entered  on 
the  journal  of  each  house  respectively.  If  any  bill  shall 
not  be  returned  by  the  President  within  ten  days  (Sun- 
days excepted)  after  it  shall  have  been  presented  to  him, 
the  same  shall  be  a  law,  in  like  manner  as  if  he  had  signed 
it,  unless  the  Congress  by  their  adjournment  prevent  its 
return,  in  which  case  it  shall  not  be  a  law. 

Every  order,  resolution  or  vote  to  which  the  concurrence 
of  the  Senate  and  House  of  Representatives  may  be  neces- 
sary (except  on  a  question  of  adjournment)  shall  be  pre- 
sented to  the  President  of  the  United  States;  and  before 
the  same  shall  take  effect,  shall  be  approved  by  him,  or 
being  disapproved  by  him,  shall  be  repassed  by  two-thirds 
of  the  Senate  and  House  of  Representatives,  according  to 
the  rules  and  limitations  prescribed  in  the  case  of  a  bill. 

Powerg  Vested  in  Congress 
Sec.  8.  The  Congress  shall  have  power: 
To  lay  and  collect  taxes,  duties,  imposts  and  excises,  to 
pay  the  debts  and  provide  for  the  common  defenses  and 
general  welfare  of  the  United  States;  but  all  duties,  im- 
posts and  excises  shall  be  uniform  throughout  the  United 
States; 

To  borrow  money  on  the  credit  of  the  United  States ; 
To  regulate  commerce  with  foreign  nations  and  among 
the  several  States,  and  with  the  Indian  tribes ; 

To  establish  a  uniform  rule  of  naturalization  and  uni- 
form laws  on  the  subject  of  bankruptcies  throughout  the 
United  States; 


The  Constitution  of  the  United  States    135 

To  coin  money,  regulate  the  value  thereof,  and  of  for- 
eign coin,  and  fix  the  standard  of  weights  and  measures ; 

To  provide  for  the  punishment  of  counterfeiting  the  se- 
curities and  current  coin  of  the  United  States; 

To  establish  post  offices  and  post  roads ; 

To  promote  the  progress  of  science  and  useful  arts,  by 
securing,  for  limited  times,  to  authors  and  inventors,  the 
exclusive  right  to  their  respective  writings  and  discoveries ; 

To  constitute  tribunals  inferior  to  the  Supreme  Court ; 

To  define  and  punish  piracies  and  felonies  committed 
on  the  high  seas,  and  offenses  against  the  law  of  nations ; 

To  declare  war,  grant  letters  of  marque  and  reprisal,  and 
make  rules  concerning  captures  on  land  and  water; 

To  raise  and  support  armies,  but  no  appropriation  of 
money  to  that  use  shall  be  for  a  longer  term  than  two 
years ; 

To  provide  and  maintain  a  navy; 

To  make  rules  for  the  government  and  regulation  of 
the  land  and  naval  forces; 

To  provide  for  calling  forth  the  militia  to  execute  the 
laws  of  the  Union,  suppress  insurrections,  and  repel  in- 
vasions ; 

To  provide  for  organizing,  arming  and  disciplining  the 
militia,  and  for  governing  such  part  of  them  as  may  be 
employed  in  the  service  of  the  United  States,  reserving 
to  the  States,  respectively,  the  appointment  of  the  officers 
and  the  authority  of  training  the  militia  according  to  the 
discipline  prescribed  by  Congress ; 

To  exercise  exclusive  legislation  in  all  cases  whatsoever, 
over  such  district  (not  exceeding  ten  miles  square)  as  may, 
by  cession  of  particular  States,  and  the  acceptance  of  Con- 
gress, become  the  seat  of  the  government  of  the  United 


136  Back  to  the  Republic 

States,  and  to  exercise  like  authority  over  all  places  pur- 
chased by  the  consent  of  the  legislature  of  the  State  in  which 
the  same  shall  be,  for  the  erection  of  forts,  magazines, 
arsenals,  dockyards,  and  other  needful  buildings;  and — 

To  make  all  laws  which  shall  be  necessary  and  proper 
for  carrying  into  execution  the  foregoing  powers,  and  all 
other  powers  vested  by  this  Constitution  in  the  government 
of  the  United  States,  or  in  any  department  or  office  thereof. 

Limitations  of  Federal  Powers — Individual  Rights 

Sec.  9.  The  migration  or  importation  of  such  persons 
as  any  of  the  States  now  existing  shall  think  proper  to 
admit,  shall  not  be  prohibited  by  the  Congress  prior  to 
the  year  one  thousand  eight  hundred  and  eight,  but  a  tax 
or  duty  may  be  imposed  on  such  importation,  not  exceed- 
ing ten  dollars  for  each  person. 

The  privilege  of  the  writ  of  habeas  corpus  shall  not  be 
suspended,  unless  when  in  case  of  rebellion  or  invasion  the 
public  safety  may  require  it. 

No  bill  of  attainder  or  ex  post  facto  law  shall  be  passed. 

No  capitation  or  other  direct  tax  shall  be  laid,  unless  in 
proportion  to  the  census  or  enumeration  hereinbefore  di- 
rected to  be  taken. 

No  tax  or  duty  shall  be  laid  on  articles  exported  from 
any  State. 

No  preference  shall  be  given  by  any  regulation  of  com- 
merce or  revenue  to  the  ports  of  one  State  over  those  of 
another;  nor  shall  vessels  bound  to,  or  from,  one  State, 
be  obliged  to  enter,  clear  or  pay  duties  in  another. 

No  money  shall  be  drawn  from  the  treasury  but  in  con- 
sequence of  appropriations  made  by  law;  and  a  regular 
statement  and  account  of  the  receipts  and  expenditures  of 
all  public  moneys  shall  be  published  from  time  to  time. 


The  Constitution  of  the  United  States    137 

No  title  of  nobility  shall  be  granted  by  the  United  States. 
And  no  person  holding  any  office  of  profit  or  trust  under 
them  shall,  without  the  consent  of  the  Congress,  accept  of 
any  present,  emolument,  office  or  title,  of  any  kind  what- 
ever, from  any  king,  prince  or  foreign  state. 

Limitations  of  State  Powers 

Sec.  10.  No  State  shall  enter  into  any  treaty,  alliance 
or  confederation;  grant  letters  of  marque  and  reprisal; 
coin  money;  emit  bills  of  credit;  make  anything  but  gold 
and  silver  coin  a  tender  in  payment  of  debts ;  pass  any  bill 
of  attainder,  ex  post  facto  law,  or  law  impairing  the  obliga- 
tion of  contracts,  or  grant  any  title  of  nobility. 

No  State  shall,  without  the  consent  of  the  Congress,  lay 
any  imposts  or  duties  on  imports  or  exports,  except  what 
may  be  absolutely  necessary  for  executing  its  inspection 
laws;  and  the  net  produce  of  all  duties  and  imposts,  laid 
by  any  State  on  imports  or  exports,  shall  be  for  the  use  of 
the  treasury  of  the  United  States;  and  all  such  laws  shall 
be  subject  to  the  revision  and  control  of  the  Congress. 

No  State  shall,  without  the  consent  of  Congress,  lay  any 
duty  of  tonnage,  keep  troops  or  ships  of  war  in  time  of 
peace,  enter  into  any  agreement  or  compact  with  another 
State,  or  with  a  foreign  power,  or  engage  in  war,  unless 
actually  invaded,  or  in  such  imminent  danger  as  will  not 
admit  of  delay. 

ARTICLE  II 

THE  EXECUTIVE 

The  Presidency — The  Electoral  College 
Section   1.     The  executive  power  shall  be  vested  in  a 
President  of  the  United  States  of  America.    He  shall  hold 
his  office  during  the  term  of  four  years,  and,  together  with 


138  Bach  to  the  Republic 

the  Vice-President,  chosen  for  the  same  term,  be  elected,  as 
follows : 

Each  State  shall  appoint,  in  such  manner  as  the  legis- 
lature thereof  may  direct,  a  number  of  electors,  equal  to  the 
whole  number  of  Senators  and  Representatives  to  which  the 
State  may  be  entitled  in  the  Congress;  but  no  Senator  or 
Representative,  or  person  holding  an  oflBce  of  trust  or  profit 
under  the  United  Stat?s,  shall  be  appointed  an  elector. 

[The  electors  shall  meet  in  their  respective  States  and 
vote  by  ballot  for  two  persons,  of  whom  one  at  least  shall 
not  be  an  inhabitant  of  the  same  State  with  themselves. 
And  they  shall  make  a  list  of  all  the  persons  voted  for, 
and  of  the  number  of  votes  for  each ;  which  list  they  shall 
sign  and  certify,  and  transmit  sealed  to  the  seat  of  the 
government  of  the  United  States,  directed  to  the  president 
of  the  Senate.  The  president  of  the  Senate  shall,  in  the 
presence  of  the  Senate  and  House  of  Representatives,  open 
all  the  certificates,  and  the  votes  shall  then  be  counted. 
The  person  having  the  greatest  number  of  votes  shall  be 
the  President,  if  such  number  be  a  majority  of  the  whole 
number  of  electors  appointed;  and  if  there  be  more  than 
one  who  have  such  majority,  and  have  an  equal  nimiber 
of  votes,  then  the  House  of  Representatives  shall  imme- 
diately choose  by  ballot  one  of  them  for  President;  and  if 
no  person  have  a  majority,  then  from  the  five  highest  on 
the  list  the  said  House  shall,  in  like  manner,  choose  the 
President.  But  in  choosing  the  President  the  votes  shall  be 
taken  by  States,  the  representation  from  each  State  having 
one  vote;  a  quorum  for  this  purpose  shall  consist  of  a 
member  or  members  from  two-thirds  of  the  States,  and  a 
majority  of  all  the  States  shall  be  necessary  to  a  choice. 
In  every  case,,  after  the  choice  of  the  President,  the  person 


The  Constitution  of  the  United  States    139 

having  the  greatest  number  of  votes  of  the  electors  shall 
be  the  Vice-President.  But  if  there  should  remain  two  or 
more  who  have  equal  votes,  the  Senate  shall  choose  from 
them  by  ballot  the  Vice-President.*] 

The  Congress  may  determine  the  time  of  choosing  the 
electors,  and  the  day  on  which  they  shall  give  their  votes; 
which  day  shall  be  the  same  throughout  the  United  States. 

No  person  except  a  natural-born  citizen,  or  a  citizen  of 
the  United  States  at  the  time  of  the  adoption  of  this  Con- 
stitution, shall  be  eligible  to  the  office  of  President;  neither 
shall  any  person  be  eligible  to  that  office  who  shall  not 
have  attained  to  the  age  of  thirty-five  years,  and  been 
fourteen  years  a  resident  within  the  United  States. 

In  case  of  tlie  removal  of  the  President  from  office,  or  of 
his  death,  resignation,  or  inability  to  discharge  the  powers 
and  duties  of  the  said  office,  the  same  shall  devolve  on  the 
Vice-President,  and  the  Congress  may  by  law  provide  for 
the  case  of  removal,  death,  resignation  or  inability,  both 
of  the  President  and  Vice-President,  declaring  what  officer 
shall  then  act  as  President;  and  such  officer  shall  act  ac- 
cordingly, until  the  disability  be  removed,  or  a  President 
shall  be  elected. 

The  President  shall,  at  stated  times,  receive  for  his  serv- 
ices a  compensation  which  shall  neither  be  increased  nor 
diminished  during  the  period  for  which  he  shall  have  been 
elected,  and  he  shall  not  receive  within  that  period  any 
other  emolument  from  the  United  States,  or  any  of  them. 

Before  he  enter  on  the  execution  of  his  office,  he  shall 
take  the  following  oath  or  affirmation:  "I  do  solemnly 
swear  (or  affirm)  that  I  will  faithfully  execute  the  office 


*  This  paragraph  was  in  force  from  1788  to  1803,  when  it  waa 
superseded  by  Article  XII  of  the  amendments. 


140  Bach  to  the  Republic 

o£  President  of  the  United  States,  and  will,  to  the  best  of 
my  ability,  preserve,  protect  and  defend  the  Constitution 
of  the  United  States." 

Powers  and  Duties  of  the  President 

Sec.  2.  The  President  shall  be  commander-in-chief  of 
the  army  and  navy  of  the  United  States,  and  of  the  militia 
of  the  several  States,  when  called  into  the  actual  service 
of  the  United  States;  he  may  acquire  the  opinion,  in  writ- 
ing, of  the  principal  officer  in  each  of  the  executive  depart- 
ments, upon  any  subject  relating  to  the  duties  of  their 
respective  offices;  and  he  shall  have  power  to  grant  re- 
prieves and  pardons  for  offenses  against  the  United  States, 
except  in  cases  of  impeachment. 

He  shall  have  power,  by  and  with  the  advice  and  consent 
of  the  Senate,  to  make  treaties,  provided  two-thirds  of  the 
Senators  present  concur ;  and  he  shall  nominate,  and  by  and 
with  the  advice  and  consent  of  the  Senate  shall  appoint, 
ambassadors,  other  public  ministers  and  consuls,  judges 
of  the  Supreme  Court,  and  all  other  officers  of  the  United 
States  whose  appointments  are  not  herein  otherwise  pro- 
vided for,  and  which  shall  be  established  by  law;  but  the 
Congress  may  by  law  vest  the  appointment  of  such  inferior 
offices  as  they  think  proper  in  the  President  alone,  in  the 
courts  of  law,  or  in  the  heads  of  departments. 

The  President  shall  have  power  to  fill  up  vacancies  that 
may  happen  during  the  recess  of  the  Senate,  by  granting 
commissions  which  will  expire  at  the  end  of  their  next 
session. 

The  President's  Duties 

Sec.  3.  He  shall  from  time  to  time  give  to  the  Congress 
information  of  the  state  of  the  Union,  and  recommend  to 


The  Constitution  of  the  United  States    141 

their  consideration  such  measures  as  he  shall  judge  neces- 
sary and  expedient;  he  may,  on  extraordinary  occasions, 
convene  both  houses,  or  either  of  them,  and  in  case  of  dis- 
agreement between  them,  with  respect  to  the  time  of 
adjournment,  he  may  adjourn  them  to  such  time  as  he  shall 
think  proper;  he  shall  receive  ambassadors  and  other  pub- 
lic ministers ;  he  shall  take  care  that  the  laws  be  faithfully 
executed,  and  sh^U  commission  all  the  officers  of  the  United 
States. 

Impeachment  of  Executive  and  Civil  Officers 
Sec.  4.     The  President,  Vice-President,  and  all  civil  offi- 
cers of  the  United  States,  shall  be  renwved  from  office  on 
impeachment  for,  and  conviction  of,  treason,  bribery,  or 
other  liigh  crimes  and  misdemeanors. 

ARTICLE  III 

THE  JUDICIARY 

The  United  States  Courts — Supreme  and  Inferior 
Section  I .  The  j  udicial  power  of  the  United  States  shall 
be  vested  in  one  Supreme  Court,  and  in  such  inferior  courts 
as  the  Congress  may  from  time  to  time  ordain  and  establish. 
The  judges,  both  of  the  Supreme  and  inferior  courts,  shall 
hold  their  offices  during  good  behavior,  and  shall,  at  stated 
times,  receive  for  their  services  a  compensation  which  shall 
not  be  diminished  during  their  continuance  in  office. 

Jurisdiction  of  the  Federal  Courts 
Sec.  2.  The  judicial  power  shall  extend  to  all  cases, 
in  law  and  equity,  arising  vmder  this  Constitution,  the 
laws  of  the  United  States,  and  treaties  made,  or  which 
shall  be  made,  under  their  authority;  to  all  cases  affecting 
ambassadors,  other  public  ministers,  and  consuls  ^  to  all 


142  Back  to  the  Republic 

cases  of  admiralty  and  maritime  jurisdiction;  to  contro- 
versies to  which  the  United  States  shall  be  a  party;  to 
controversies  between  two  or  more  States;  [between  a 
State  and  citizens  of  another  State*]  ;  between  citizens  of 
different  States;  between  citizens  of  the  same  State  claim- 
ing lands  imder  grants  of  different  States,  and  between  a 
State,  or  the  citizens  thereof,  and  foreign  states,  citizens,  or 
subjects. 

In  all  cases  affecting  ambassadors,  other  public  ministers, 
and  consuls,  and  those  in  which  a  State  shall  be  a  party, 
the  Supreme  Court  shall  have  original  jurisdiction.  In  all 
the  other  cases  before  mentioned,  the  Supreme  Court  shall 
have  appellate  jiirisdiction,  both  as  to  law  and  fact,  with 
such  exceptions  and  under  such  regulations  as  the  Congress 
shall  make. 

The  trial  of  all  crimes,  except  in  cases  of  impeachment, 
shall  be  by  jury;  and  such  trial  shall  be  held  in  the  State 
where  the  said  crimes  shall  have  been  committed ;  but  when 
not  committed  within  any  State,  the  trial  shall  be  at  such 
place  or  places  as  the  Congress  n^iy  by  law  have  directed. 

Treason  and  its  Punishment 

Sec.  3.  Treason  against  the  United  States  shall  consist 
only  in  levying  war  against  them,  or  in  adhering  to  their 
enemies,  giving  them  aid  and  comfort.  No  person  shall 
be  convicted  of  treason  unless  on  the  testimony  of  two  wit- 
nesses to  the  same  overt  act,  or  on  confession  in  open  court. 

The  Congress  shall  have  power  to  declare  the  punishment 
of  treason,  but  no  attainder  of  treason  shall  work  corrup- 
tion of  blood,  or  forfeiture,  except  during  the  life  of  the 
person  attained. 


*Made  void  by  the  Eleventh  Amendment. 


The  Constitution  of  the  United  States    143 
ARTICLE  IV 

RELATION  OP  THE  STATE  AND  FEDERAL  GOVERNMENTS 

RecOffTtitton  of  State  Acts  and  Records 
Section  1.  Full  faith  and  credit  shall  be  given  in  each 
State  to  the  public  acts,  records  and  judicial  proceedings  of 
every  other  State.  And  the  Congress  may,  by  general  laws, 
prescribe  the  manner  in  which  such  acts,  records  and  pro- 
ceedings shall  be  proved,  and  the  effect  thereof. 

Regarding  Citizens  of  the  States 
Sec.  2.  The  citizens  of  each  State  shall  be  entitled  to  all 
privileges  and  immunities  of  citizens  in  the  several  States. 
A  person  charged  in  any  State  with  treason,  felony,  or 
other  crime,  who  shall  flee  from  justice,  and  be  found  in 
another  State,  shall,  on  demand  of  the  executive  authority 
of  the  State  from  which  he  fled,  be  delivered  up,  to  be  re- 
moved to  the  State  having  jurisdiction  of  the  crime. 

No  person  held  to  service  or  labor  in  one  State,  under  the 
laws  thereof,  escaping  into  another,  shall,  in  consequence 
of  any  law  or  regulation  therein,  be  discharged  from  such 
service  or  labor,  but  shall  be  delivered  up  on  claim  of  the 
party  to  whom  such  service  or  labor  may  be  due. 

Admission  of  New  States,  etc. 

Sec.  S.  New  States  may  be  admitted  by  the  Congress 
into  this  Union ;  but  no  new  State  shall  be  formed  or  erected 
within  the  jurisdiction  of  any  other  State;  nor  any  State 
be  formed  by  the  junction  of  two  or  more  States,  or  parts 
of  States,  without  the  consent  of  the  legislatures  of  the 
States  concerned  as  well  as  of  the  Congress. 

The  Congress  shall  have  power  to  dispose  of  and  make 
all  needful  rules  and  regulations  respecting  the  territory 
or  other  property  belonging  to  the  United   States;   and 


144  Back  to  the  Republic 

nothing  in  this  Constitution  shall  be  so  construed  as  to 
prejudice  any  claims  of  the  United  States,  or  of  any  par- 
ticular State. 

Republican  Government  Guaranteed 

Sec.  4.  The  United  States  shall  guarantee  to  every  State 
in  this  Union  a  republican  form  of  government,  and  shall 
protect  each  of  them  against  invasion;  and  on  application 
of  the  legislature,  or  of  the  executive  (when  the  legislature 
cannot  be  convened),  against  domestic  violence. 

ARTICLE  V 

AMENDMENTS    TO    THE    CONSTITUTION 

The  Congress,  whenever  two-thirds  of  both  houses  shall 
deem  it  necessary,  shall  projx)se  amendments  to  this  Con- 
stitution, or,  on  the  application  of  the  legislatures  of  two- 
thirds  of  the  several  States,  shall  call  a  convention  for  pro- 
posing amendments,  which,  in  either  case,  shall  be  valid  to 
all  intents  and  purposes,  as  part  of  this  Constitution,  when 
ratified  by  the  legislatures  of  three-fourths  of  the  several 
States,  or  by  conventions  in  three-fourths  thereof,  as  the 
one  or  the  other  mode  of  ratification  may  be  proposed  by 
the  Congress;  provided  that  no  amendment  which  may  be 
made  prior  to  the  year  one  thousand  eight  hundred  and 
eight  shall  in  any  manner  affect  the  first  and  fourth  clauses 
in  the  ninth  section  of  the  first  article;  and  that  no  State, 
without  its  consent,  shall  be  deprived  of  its  equal  suffrage 
in  the  Senate. 

ARTICLE  VI 

SUPREME    LAW OFFICIAL    OATH NO    RELIGIOUS   TEST 

All  debts  contracted  and  engagements  entered  into  before 
the  adoption  of  this  Constitution  shall  be  as  valid  against 


The  Constitution  of  the  United  States    145 

the  United  States  under  this  Constitution  as  under  the  Con- 
federation. 

This  Constitution,  and  the  laws  of  the  United  States 
which  shall  be  made  in  pursuance  thereof,  and  all  treaties 
made,  or  which  shall  be  made,  under  the  authority  of  the 
United  States,  shall  be  the  supreme  law  of  the  land;  and 
the  judges  in  every  Statq  shall  be  bound  thereby,  anything 
in  the  Constitution  or  laws  of  any  State  to  the  contrary  not- 
withstanding. 

The  Senators  and  Representatives  before  mentioned,  and 
the  members  of  the  xveral  State  legislatures,  and  all  ex- 
ecutive and  judicial  officers,  both  of  the  United  States  and 
of  the  several  States,  shall  be  bound  by  oath  or  affirmation 
to  support  this  Constitution ;  but  no  religious  test  shall  ever 
be  required  as  a  qualification  to  any  office  or  public  trust 
under  the  United  States. 

ARTICLE  VII 

RATIFICATION  OF  THE  CONSTITUTION 

The  ratification  of  the  conventions  of  nine  States  shall 
be  sufficient  for  the  establishment  of  this  Constitution  be- 
tween the  States  so  ratifying  the  same. 

Done  in  convention  by  the  unanimous  consent  of  the 
States  present,  the  seventeenth  day  of  September,  in  the 
year  of  our  Lord  one  thousand  seven  hundred  and  eighty- 
seven,  and  of  the  independence  of  the  United  States  of 
America  the  twelfth. 

In  witness  whereof,  we  have  hereunto  subscribed  our 
names. 

Geo.  Washington,  Deputy  from  Virginia. 

New  Hampshire:  Massachusetts: 

John  Laiigdou  Nathaniel  Gorham 

Nicholas  Gilman  Rufus  King 


146 


Bach  to  the  Republic 


Connecticut: 

William  Samuel  Johnson 

Roger  Sherman 
^ew  York: 

Alexander  Hamilton 
Pelaware  : 

George  Reed 

Gunning  Bedford,  Jr. 

John  Dickinson 

Richard  Bassett 

Jacob  Broom 
Maryland: 

James   McHenry 

Daniel  of  St.  Thomas 
Jenifer 

Daniel  Carroll 
Virginia: 

John  Blair 

James  Madison,  Jr. 
New  Jersey: 

William  Livingston 

David  Brearley 

William  Paterson 

Jonathan  Dayton 


Pennsylvania: 

Benjamin  Franklin 
Thomas  Mifflin 
Robert  Morris 
George  Clymer 
Thomas  Fitzsimmons 
James  Wilson 
Gouvemeur  Morris 

North  Carolina: 
William  Blount 
Richard  Dobbs  Spaight 
Hugh  Williamson 

South  Carolina: 
John  Rutledge 
Charles  Pinckney 
Charles  Cotesworth 

Pinckney 
Pierce  Butler 

Georgia: 

William  Few 
Abraham  Baldwin 


Attest:    William  Jackson,  Secretary. 


Amendments  to  the  Constitution 


ARTICLES  in  addition  to  or  amending  the  Constitu- 
tion, proposed  by  Congress,  and  ratified  by  the  legis- 
latures of  at  least  two-thirds  of  the  several  States  in  accord- 
ance with  the  fifth  article  of  the  original  Constitution.  They 
relate  largely  to  inditndual  rights  and  are  as  follows: 

ARTICLE  I 

FREEDOM   OF  RELIGION,  OF   SPEECH,  OP  THE   PRESS,  AND  OF 
PEACEABLE    ASSEMBLY 

Congress  shall  make  no  law  respecting  an  establishment 
of  religion,  or  prohibiting  the  free  exercise  thereof;  or 
abridging  the  freedom  of  speech,  or  of  the  press;  or  the 
right  of  the  people  peaceably  to  assemble,  and  to  petition 
the  government  for  a  redress  of  grievances. 

ARTICLE  II 

RIGHT  TO   BEAR  ARMS 

A  well-regulated  militia  being  necessary  to  the  securit;f 
of  a  free  state,  the  right  of  the  people  to  keep  and  bear 
arms  shall  not  be  infringed. 

ARTICLE  III 

QUARTERING  OF   TROOPS 

No  soldier  shall,  in  time  of  peace,  be  quartered  in  any 
house  without  the  consent  of  the  owner;  nor  in  time  of 
war  but  in  a  manner  to  be  prescribed  by  law. 

ARTICLE  IV 

RIGHT   OF   SEARCH 

The  right  of  the  people  to  be  secure  in  their  persons, 
houses,  papers  and  effects,  against  unreasonable  searches 

147 


148  Back  to  the  Republic 

and  seizures,  shall  not  be  violated,  and  no  warrants  shall 
issue  but  upon  probable  cause,  supported  by  oath  or  affirma- 
tion, and  particularly  describing  the  place  to  be  searched, 
and  the  persons  or  things  to  be  seized. 

ARTICLE  V 

CAPITAL     CRIME GRAND    JURY PERSONAL    RIGHTS 

No  person  shall  be  held  to  answer  for  a  capital  or  other- 
wise infamous  crime,  unless  on  a  presentment  or  indict- 
ment of  a  grand  jury,  except  in  cases  arising  in  the  land 
or  naval  forces,  or  in  the  militia,  when  in  actual  service 
in  time  of  war  and  public  danger;  nor  shall  any  person  be 
subject  for  the  same  offense  to  be  twice  put  in  jeopardy  of 
life  and  limb;  nor  shall  be  compelled  in  any  criminal  case 
to  be  a  witness  against  himself,  nor  be  deprived  of  life, 
liberty,  or  property,  without  due  process  of  law;  nor  shall 
private  property  be  taken  for  public  use,  without  just  com- 
pensation. 

ARTICLE  VI 

RIGHTS    OF   ACCUSED TRIAL   BY   JURY 

In  all  criminal  prosecutions  the  accused  shall  enjoy  the 
right  to  a  speedy  and  public  trial,  by  an  impartial  jury  of 
the  State  and  district  wherein  the  crime  shall  have  been 
committed,  which  district  shall  have  been  previously  ascer- 
tained by  law,  and  to  be  informed  of  the  nature  and  cause 
of  the  accusation;  to  be  confronted  with  the  witnesses 
against  him;  to  have  compulsory  process  for  obtaining  wit- 
nesses in  his  favor,  and  to  have  the  assistance  of  counsel 
for  his  defense. 

ARTICLE  VII 

TRIAL    BY    JURY    IN    CIVIL   SUITS 

In  suits  at  common  law,  where  the  value  in  controversy 
shall  exceed  twenty  dollars,  the  right  of  trial  by  jury  shall 


The  Constitution  of  the  United  States    149 

be  preserved,  and  no  fact  tried  by  a  jury  shall  be  otherwise 
re-examined  in  any  court  of  the  United  States  than  accord- 
ing to  the  rules  of  common  law. 

ARTICLE  VIII 

BAII.  AND  FINES 

Excessive  bail  shall  not  be  required,  nor  excessive  fines 
imposed,  nor  cruel  and  unusual  punishments  inflicted. 

ARTICLE  IX 

RESERVATION  OF  INDIVIDUAL  RIGHTS 

The  enumeration  in  the  Constitution  of  certain  rights 
shall  not  be  construed  to  deny  or  disparage  others  retained 
by  the  people. 

ARTICLE  X 

RESERVATION    OF    STATE    AND    CIVIL   RIGHTS 

The  powers  not  delegated  to  the  United  States  by  the 
Constitution,  nor  prohibited  by  it  to  the  States,  are  reserved 
to  the  States  respectively,  or  to  the  people. 

[The  first  ten  amendatory  articles  were  proposed  by 
the  First  Congress,  September  25,  1789,  and  notification  of 
their  ratification  was  received  from  all  the  States  except 
Connecticut,  Georgia  and  Massachusetts.] 

ARTICLE  XI 

LIMITATION   OF  JUDICIAL  POWERS 

The  judicial  power  of  the  United  States  shall  not  be  con- 
strued to  extend  to  any  suit  in  law  or  equity,  commenced 
or  prosecuted  against  one  of  the  United  States  by  citizens 
of  another  State,  or  by  citizens  or  subjects  of  any  foreign 
state. 

[Proposed  by  the  Third  Congress,  and  Congress  notified 
of  its  adoption  January  8j  1798.] 


150  Back  to  the  Republic 

ARTICLE  XII 

ELECTORS   IN    PRESIDENTIAL   ELECTIONS 

The  electors  shall  meet  in  their  respective  States  and 
vote  hy  ballot  for  President  and  Vice-President,  one  of 
whom,  at  least,  shall  not  be  an  inhabitant  of  the  same  State 
with  themselves;  they  shall  name  in  their  ballots  the  per- 
son voted  for  as  President,  and  in  distinct  ballots  the  per- 
son voted  for  as  Vice-President;  and  they  shall  make 
distinct  lists  of  all  persons  voted  for  as  President,  and  of 
all  persons  voted  for  as  Vice-President,  and  of  the  nmnber 
of  votes  for  each,  which  lists  they  shall  sign  and  certify, 
and  transmit  sealed  to  the  seat  of  the  Government  of  the 
United  States,  directed  to  the  President  of  the  Senate ;  the 
President  of  the  Senate  shall,  in  the  presence  of  the  Senate 
and  House  of  Representatives,  open  all  the  certificates,  and 
the  votes  shall  then  be  counted;  the  person  having  the 
greatest  number  of  votes  for  President  shall  be  the  Presi- 
dent, if  such  number  be  a  majority  of  the  whole  number  of 
electors  appointed;  and  if  no  person  have  such  majority, 
then  from  the  persons  having  the  highest  numbers,  not  ex- 
ceeding three  on  the  list  of  those  voted  for  as  President, 
the  House  of  Representatives  shall  choose  immediately,  by 
ballot,  the  President.  But  in  choosing  the  President,  the 
vote  shall  be  taken  by  States,  the  representation  from  each 
State  having  one  vote.  A  quorum  for  this  purp)ose  shall 
consist  of  a  member  or  members  from  two-thirds  of  the 
States,  and  a  majority  of  all  the  States  shall  be  necessary 
to  a  choice.  And  if  the  House  of  Representatives  shall 
not  choose  a  President  whenever  the  right  of  choice  shall 
devolve  upon  them,  before  the  fourth  day  of  March  next 
following,  then  the  Vice-President  shall  act  as  President, 
as  in  the  case  of  the  death  or  other  constitutional  disability 


The  Constitution  of  the  United  States    151 

of  the  President.  The  person  having  the  greatest  number 
of  votes  as  Vice-President  shall  be  the  Vice-President,  if 
such  number  be  a  majority  o£  the  whole  number  of  electors 
appointed;  and  if  no  person  have  a  majority,  then  from  the 
two  highest  numbers  on  the  list  the  Senate  shall  choose 
the  Vice-President.  A  quorum  for  the  purpose  shall  con- 
sist of  two-thirds  of  the  whole  number  of  Senators,  and  a 
majority  of  the  whole  number  shall  be  necessary  to  a  choice. 
But  no  person  constitutionally  ineligible  to  the  office  of 
President  shall  be  eligible  to  that  of  Vice-President  of  the 
United  States. 

[Proclaimed  September  25,  1804.] 

ARTICLE  XIII 

ABOLITION    OP    SLAVERY 

Slavery  and  Involuntary  Servitude  Prohibited 
Section   1.     Neither  slavery  nor  involuntary  servitude, 
except  as  a  punishment  for  crime,  whereof  the  party  shall 
have  been  duly  convicted,  shall  exist  within  the   United 
States,  or  any  place  subject  to  their  jurisdiction. 

Sec.  2.     Congress  shall  have  power  to  enforce  this  article 
by  appropriate  legislation. 

[Proclaimed  December  18,  1865.] 

ARTICLE  XIV 

PROVISIONS  CONSEQUENT   ON  THE    CIVIL   WAR 

Protection  for  All  Citizens 
Section  1.  All  persons  bom  or  naturalized  in  the 
United  States,  and  subject  to  the  jurisdiction  thereof,  are 
citizens  of  the  United  States  and  of  the  State  wherein  they 
reside.  No  State  shall  make  or  enforce  any  law  which 
shall  abridge  the  privileges  or  immunities  of  citizens  of 
the  United  States;  nor  shall  any  State  deprive  any  per- 


162  Back  to  the  Republic 

son  of  life,  liberty,  or  property,  without  due  process  of 
law;  nor  deny  to  any  person  within  its  jurisdiction  the 
equal  protection  of  the  laws. 

Apportionment  of  Representatives 

Sec.  2.  Representatives  shall  be  apportioned  among  the 
several  States  according  to  their  respective  numbers,  count- 
ing the  whole  number  of  persons  in  each  State,  excluding 
Indians  not  taxed.  But  when  the  right  to  vote  at  any 
election  for  the  choice  of  electors  for  President  and  Vice- 
President  of  the  United  States,  Representatives  in  Con- 
gress, the  executive  or  judicial  officers  of  a  State,  or  the 
members  of  the  legislature  thereof,  is  denied  to  any  of  the 
male  inhabitants  of  such  State,  being  twenty-one  years 
of  age  and  citizens  of  the  United  States,  or  in  any  way 
abridged,  except  for  participation  in  rebellion,  or  other 
crime,  the  basis  of  representation  therein  shall  be  reduced 
in  the  proportion  which  the  number  of  such  male  citizens 
shall  bear  to  the  whole  number  of  male  citizens  twenty- 
one  years  of  age  in  such  State. 

Rebellion  Against  the  United  States 
Sec.  3.  No  person  shall  be  a  Senator,  or  Representative 
in  Congress,  or  elector  of  President  or  Vice-President, 
or  hold  any  office,  civil  or  military,  imder  the  United  States, 
or  under  any  State,  who,  having  previously  taken  an  oath 
as  a  member  of  Congress,  or  as  an  officer  of  the  United 
States,  or  as  a  member  of  any  State  legislature,  or  as  an 
executive  or  judicial  officer  of  any  State,  to  support  the 
Constitution  of  the  United  States,  shall  have  engaged  in 
insurrection  or  rebellion  against  the  same,  or  given  aid  or 
comfort  to  the  enemies  thereof.  But  Congress  may,  by  a 
vote  of  two-thirds  of  each  house,  remove  such  disability. 


The  Constitution  of  the  United  States    153 

The  Public  Debt 

Sec.  4.  The  validity  of  the  public  debt  of  the  United 
States,  authorized  by  law,  including  debts  incurred  for 
payment  of  pensions  and  bounties  for  services  in  sup- 
pressing insurrection  or  rebellion,  shall  not  be  questioned. 
But  neither  the  United  States  nor  any  State  shall  assume 
or  pay  any  debt  or  obligation  incurred  in  aid  of  insurrec- 
tion or  rebellion  against  the  United  States,  or  any  claim  for 
the  loss  or  emancipation  of  any  slave;  but  all  such  debts, 
obligations  and  claims  shall  be  held  illegal  and  void. 

Sec.  5.  Congress  shall  have  the  power  to  enforce,  by 
appropriate  legislation,  the  provisions  of  this  artide. 

[Declared  adopted  by  concurrent  resolution  of  Congress 
July  21,  1868.] 

ARTICLE  XV 

RIGHT   OF    SUFFRAGE 

Section  1.  The  right  of  citizens  of  the  United  States  to 
vote  shall  not  be  denied  or  abridged  by  the  United  States, 
or  by  any  State,  on  account  of  race,  color,  or  previous  con- 
dition of  servitude. 

Sec.  2.  Congress  shall  have  power  to  enforce  this  article 
by  appropriate  legislation. 

[Proclaimed  March  30,  1870.] 

ARTICLE  XVI 

THE    INCOME    TAX 

The  Congress  shall  have  power  to  lay  and  collect  taxes 
on  incomes,  from  whatever  source  derived,  without  appor- 
tionment among  the  several  States,  and  without  regard  to 
any  census  or  enumeration. 

[Proclaimed  February  25,  1913.] 


154  Back  to  the  Republic 

ARTICLE  XVII 

ELECTION  OF   SENATORS  BY  THE  PEOPLE 

The  Senate  of  the  United  States  shall  be  composed  of 
two  Senators  from  each  State,  elected  by  the  people  thereof, 
for  six  years;  and  each  Senator  shall  have  one  vote.  The 
electors  in  each  State  shall  have  the  qualifications  requisite 
for  electors  of  the  most  numerous  branch  of  the  State  legis- 
lature. 

When  vacancies  happen  in  the  representation  of  any 
State  in  the  Senate,  the  executive  authority  of  such  State 
shall  issue  writs  of  election  to  fill  such  vacancies :  Provided, 
That  the  legislature  of  any  State  may  empower  the  execu- 
tive thereof  to  make  temporary  appointments  until  the 
people  fill  the  vacancies  by  election  as  the  legislature  may 
direct 

This  amendment  shall  not  be  so  construed  as  to  affect 
the  election  or  term  of  any  Senator  chosen  before  it  becomes 
valid  as  part  of  the  Constitution. 

[Proclaimed  May  31,  1913.] 

ARTICLE  XVIII 

NATIONAL   PROHIBITION 

Section  1.  After  one  year  from  the  ratification  of  this 
article  the  manufacture,  sale,  or  transportation  of  intoxi- 
cating liquors  within,  the  importation  thereof  into,  or  the 
exportation  thereof  from  the  United  States  and  all  territory 
subject  to  the  jurisdiction  thereof  for  beverage  purposes  is 
hereby  prohibited. 

Sec.  2.  The  Congress  and  the  several  states  shall  have 
concurrent  power  to  enforce  this  article  by  appropriate 
legislation. 

(Continued  on  page  158) 


POLITICAL  PARTIES 

TT  IS  difficult  to  formulate  just  the  best  and 

most  effective  method  of  applying  the  useful- 
ness of  political  parties  to  the  best  interests  of 
a  RepubHc. 

It  is  a  puzzling  question  to  determine  whether 
there  should  be  two  permanent  political  parties 
or  whether  the  welfare  of  a  Republic  requires 
that  a  new  political  party  must  be  born  period- 
ically to  meet  a  crisis  and  advocate  a  clear,  clean- 
cut  issue. 

This  much,  however,  is  certain.  The  motto  of 
any  poHtical  party  worthy  of  continuance  should 
be:  A  political  party  can  afford  to  lose  if  it  de- 
ser\^es  to  win,  better  than  the  party  can  afford  to 
win  if  it  deserves  to  lose. 

I  wish  everyone  who  is  active  in  pohtics  or 
aspires  to  leadership  in  the  public  service  would 
read  the  above  sentence  several  times  and  think  it 
over  very  carefully. 

That  attitude  was  characteristic  of  Alexander 
Hamilton  in  the  early  days  of  the  Republic,  and 
of  Daniel  Webster  in  later  years.  It  was  the 
position  taken  by  Abraham  Lincoln  in  1858  and 
by  William  McKinley  in  1892;  and  they  and 

155 


156  Back  to  the  Republic 

their  party  finally  triumphed  and  rendered  great 
service  to  the  Republic. 

Experience  has  shown  that  the  tendency  of 
political  parties,  as  they  advance  in  years,  has 
been  to  try  to  survive  on  the  weaknesses  of  other 
parties,  instead  of  striving  to  live  on  their  own 
strength ;  and  for  the  managers  of  political  par- 
ties to  become  cowardly  opportunists  instead  of 
leaders  with  real  convictions;  to  become  dema- 
gogues rather  than  statesmen. 

The  leaders  in  all  of  our  political  parties  dur- 
ing recent  years  have  given  too  much  time  and 
thought  to  the  question.  How  can  we  win;  and 
too  little  to  the  question.  How  can  we  serve  the 
Republic.  In  the  selection  of  candidates  the  lead- 
ers have  considered  too  much  the  question.  Will 
the  candidate  take  orders ;  and  too  little  the  ques- 
tion. Is  the  candidate  well  qualified.  The  leaders 
have  been  guided  in  their  selection  of  candidates 
too  much  by  the  question.  Can  the  candidate  be 
used;  and  too  little  by  the  question.  For  what 
does  the  candidate  stand. 

Candidates  who  are  the  strongest  on  promise 
are  generally  the  weakest  on  performance.  Can- 
didates with  the  longest  platforms  of  isms  and 
class  appeal  are  generally  the  shortest  on  achieve- 
ment for  the  public  good. 

The  purpose  of  a  political  party  should  be  to 


Political  Parties  157 

succeed  by  giving  the  people  what  they  need 
rather  than  to  succeed  by  trying  to  give  the  crowd 
what  the  crowd  thinks  it  wants. 

A  pohtical  party  should  be  a  moulder  of  public 
sentiment,  not  a  mere  echo  of  popular  fallacies. 

It  was  hoped  that  with  the  granting  of  suffrage 
to  women,  they  would  begin  seriously  to  study  the 
science  of  government  and  equip  themselves  for 
the  duties  of  citizenship,  but  they  have  given  little 
encouragement  in  that  direction  thus  far. 

When  the  boys  get  back  from  over  there  we 
may  find  that  the  experiences  they  have  had,  the 
scenes  they  have  witnessed,  and  the  knowledge 
they  have  acquired  has  developed  in  them  a  civic 
consciousness  that  will  make  them  a  constructive 
force  for  stemming  the  tide  of  radicalism  and 
shielding  this  Republic  from  the  dangers  of 
democracy. 

There  should  be  at  least  one  political  party  in 
this  country  that  believes  in  the  Constitution  and 
that  will  be  guided  by  its  wise  provisions;  that 
believes  in  the  Republic  as  the  best  form  of  gov- 
ernment the  world  has  ever  known  and  that  will 
adhere  strictly  and  literally  to  it.  Whether  some 
political  party  now  in  existence  can  throw  off  its 
weaknesses  and  infections  and  rise  to  the  occasion, 
or  whether  a  new  party  must  spring  forth  to  meet 
the  situation  is  a  question  the  future  alone  must 
answer. 


158  Back  to  the  Republic 

(Continued  from  page  154) 
See.  S.  This  article  shall  be  inoperative  unless  it  shall 
have  been  ratified  as  an  amendment  to  the  Constitution  by 
the  legislatures  of  the  several  states,  as  provided  in  the 
Constitution,  within  seven  years  from  the  date  of  the  sub- 
mission hereof  to  the  states  by  the  Congress. 

ARTICLE  XIX 

THE  WOMAN  SUFFRAGE  AMENDMENT 

Section  1.  The  right  of  citizens  of  the  United  States  to 
vote  shall  not  be  denied  or  abridged  by  the  United  States  or 
by  any  State  on  account  of  sex. 

Sec.  2.  Congress  shall  have  power  to  enforce  this 
article  by  appropriate  legislation. 


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